Overview of Florida’s Sexting Laws

Technology is evolving daily. With improvements in computers and cell phones, sexting has become very prevalent in society today. In Florida, sexting may be considered a crime if committed by a minor. Under Florida statute, a minor may face penalties for sexting, ranging from a noncriminal offence and community service hours, a misdemeanor in the first degree, or a possible felony in the third degree.

Sexting is a fairly recent term and the Florida statutes have broken down the elements. Because sexting involves minors, the Florida legislature has enacted the statute to be classified under obscenity, instead of child pornography. Child pornography involves someone over the age of 18 possessing or distributing pictures of videos of those under the age of 18. For sexting, a minor must knowingly use an electronic device to send a nude picture or video to that of another minor, or, to possess a picture or video that is harmful to another minor. There are a few exceptions within the statute that allow for these elements to be met, but to provide a defense to the crime.

If you are going through an issue involving criminal charges or concerns, visit our website at www.theadvocateforyou.com for more information and other resources you may want to review before deciding how to proceed further. Alternatively you may want to call our office for a free consultation at 813-281-2897. Each case is fact specific, however, Taracks & Associates can help you if you are having problems with these issues.

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