Florida enacted laws to address the new phenomenon of “sexting” after smartphones, tablets, laptops, and other computers became so universal. Each digital media instrument permits images to be transmitted in real-time to people anywhere in the world. And it wasn’t long after these tools came into being that people began to share sexually explicit images and videos.
Any sexually explicit images depicting and shared among consenting adults are legal. However, any transmission of sexually explicit images depicting a minor or shared with a minor is a criminal offense in Florida and can carry extraordinarily strong criminal and civil penalties.
This blog post explains how the Sexting laws work in Florida and how they apply in situations involving people of different ages. Stechschulte Nell, Attorneys at Law in Tampa, is committed to providing the best legal defense to any adult or teenager who is facing criminal sexting charges. We have decades of experience successfully representing people accused of a wide range of crimes. If you need criminal defense representation in a sexting-related case, contact us today.
How Does Someone Commit Criminal Sexting in Florida?
Florida’s sexting laws distinguish between sexting in which two minors are engaged and cases in which one of the parties to the sexting is an adult. Adults found guilty of sexting with a minor face anywhere from 5 years in prison and a $5,000 fine for each image up to 15 years in prison and a $10,000 fine for each transmission, depending on the age of the minor and the nature of the images.
Florida law includes several different criminal statutes to prosecute sexting-related offenses. The statutes do not refer to the crime as “sexting.” Instead, they describe the activity that constitutes the crime.
- Transmission of obscene material to a minor (F.S. 847.0133)
- Transmitting electronically to a minor material harmful to a minor (F.S. 847.0138, 847.011(c))
- Electronic distribution of material harmful to minors on school grounds (F.S. 847.012)
- Using a computer to entice or lure a minor into an illegal sex act (F.S. 847.0135)
- A person over age 18 transmitting an image of lewd or lascivious conduct or exhibition to a person under 16 years of age (F.S. 847.084(b) A person under age 18 transmitting an image of lewd or lascivious conduct or exhibition to a person under 16 years of age (F.S. 847.084(c)) Transmission of child pornography by an electronic device (F.S. 847.0137)
- Unlawful use of a two-way communications device (F.S. 934.215)
These activities constitute crimes under Florida law, and some also violate the criminal statutes of the federal government. For example, federal laws criminalizing activities involving child pornography can carry penalties of up to 20 years in federal prison for each illegal image or transmission.
Minors Prosecuted Under Florida Sexting Laws
Minors who are involved in illegal sexting receive some leeway under the law in consideration of their youth and emotional immaturity. However, multiple sexting offenses by a minor will result in penalties that can affect them for the rest of their life.
Minors violate the law when they knowingly use a computer, cell phone, or any other digital device capable of electronic data transmission or distribution to transmit or distribute to another minor any photograph or video of any person depicting nudity, which is considered harmful to minors.
A minor who receives and possesses a photo, video, or other depiction of nudity which was transmitted or distributed by another minor is also subject to prosecution. An exception applies to minors who received an unsolicited image and then took reasonable steps to report it to responsible adults, teachers, or law enforcement.
Minor’s First Sexting Offense: A minor who is discovered to have committed a sexting offense for the first time will not face criminal prosecution. Instead, they are required to sign and accept a citation promising to appear before the juvenile court, or they must complete 8 hours of community service and pay a $60 fine. They may also be required to participate in a computer safety program. This lenient result is only available if the minor completes these tasks within 30 days of signing the citation.
Minor’s Second Sexting Offense: If a minor reoffends following their having suffered the civil penalties from a first offense, the minor can face a 1st-degree misdemeanor charge carrying up to 1 year in jail and a $1,000 fine.
Minor’s Third Sexting Offense: If the minor persists in the behavior and is charged with a third sexting offense, they can be charged with a 3rd-degree felony carrying up to 5 years in state prison and a $5,000 fine.
Sex Offender Registration for Life
It’s important to understand that one of the most severe penalties that would result from a criminal sexting conviction is the requirement to register as a sex offender for the rest of your life.
While there is an available escape for some minors who are adjudicated guilty after they register as sex offenders for 10 years, others who do not qualify for this exemption have no remedy to avoid registering until 25 years after the end of their sentence.
Sex offender registration requires very compliance with very burdensome legal demands. But it also imposes a lifelong stigma that will negatively affect prospects for employment, housing, travel, credit, insurance, and personal relationships.
Romeo and Juliet Law
Considering the ferocity of the consequences suffered by people who must register as sex offenders, Florida enacted a law commonly referred to as the Romeo and Juliet Law to ease the impact of sex offender registration on youthful sexting offenders.
The provisions of the Romeo and Juliet Law do not reduce the defendant’s culpability or criminal sentence. Instead, the law permits those minors convicted of sexting who qualify to seek relief from the sex offender registration requirements 10 years after the completion of their sentence.
To qualify for the Romeo and Juliet relief, the offender’s case must meet these criteria:
- The victim was at least 14 years old.
- The defendant was no more than 4 years older than the victim.
- The victim must have consented to sexual activity (sexting).
The Romeo and Juliet Law applies to other sexual offenses as well, but this blog only addresses sexting.
Read More > Is Sexting a Crime in Florida?
Tampa Sex Crime Defense
If you have questions or need to consult a criminal defense attorney relating to any sexual offense, contact our law firm for knowledgeable, experienced representation at 813-280-1244 today. We are ready to defend you.
