Sexting in Florida
Is Juvenile Sexting a Crime in Florida?
Juvenile Sexting Florida Statute 847.0141
Florida’s sexting laws only applies to juveniles (see sexual cyber harassment for adults) and defines sexting as sending or receiving nude videos or photographs through electronic means.
Sexting: Penalties and Consequences
In Florida, a first juvenile sexting offense is treated as a non-criminal infraction and can be punished by ordering the juvenile to perform 8 hours of community service, pay a $60 fine, or participate in a cyber-safety program. If the juvenile does not appear for court for the hearing, the judge can add additional sanctions including the restricting of the juvenile’s driver’s license.
A second sexting offense is a fist degree misdemeanor, punishable by up to one year of jail, one year of probation (combination of jail and probation may not exceed one year), and a $1,000 fine.
A third or subsequent sexting offense is a third degree felony, punishable by up to 5 years in prison, 5 years of probation (combination of prison and probation may not exceed 5 years), and a $5,000 fine.
Each photograph or video is a separate offense unless a group of such is sent within a 24 hour period.
Possible Defenses for Juvenile Sexting Charges
A defense to possessing electronically delivered nude photographs is that
the accused juvenile did not ask for the picture to be sent, the juvenile
took reasonable steps to advise a school resource officer or the parent/guardian
of the person who sent the picture or, and that the juvenile did not republish
the picture to anyone else.
A defense to either sending or possessing electronically delivered nude photographs is that the picture is not “harmful to minors”.
The legislature defines a picture or video being harmful to minors if it:
- Predominantly appeals to a prurient interest; and
- Is patently offensive; and
- Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
Sexting is a crime where the consequences get progressively harsher upon each conviction, so it is very important to hire the right defense attorney. The criminal defense team at NeJame Law is experienced and will provide you with the best defense possible. Your privacy is important to us and we will keep your information confidential.