Phones make it all too easy to send intimate messages and images in seconds. What you might think is private or consensual can cause serious legal issues under Florida law, especially when minors are involved.
How Florida Legally Describes Sexting
Florida law does not use the word “sexting” in most statutes. Instead, they refer to it as transmitting or possessing sexually explicit images or videos with electronic devices. This includes storing images by text message and email, as well as on social media. The legal consequences depend on three main factors:
- How old the people involved were at the time
- Whether the images show nudity or sexual conduct
- Whether the images were shared beyond the original recipient
Sexting Between Consenting Adults
Sexting between adults who are 18 or older is generally legal in Florida, as long as it’s consensual and private. The problem is when one party doesn’t consent—or if someone shares those images without permission.
Nonconsensual sharing of sexual images is often called “revenge porn.” Revenge porn accusations can lead to both criminal charges and civil liability. Sending explicit images to someone who didn’t ask for them may lead to charges under Florida’s stalking and harassment law, depending on the circumstances. Once someone shares an image beyond its intended recipient, the situation goes from private conduct to criminal exposure.
Sexting Involving Minors
Florida has strict laws when anyone under 18 is involved in sexting. Images of minors that show nudity or sexual conduct were often treated as child pornography, even if the minor created the image themselves. Because the punishment for child pornography can be extremely harsh for minors, Florida created a teen sexting law. The law exists to prevent teens from facing lifelong consequences when they make poor digital decisions, but it has limits.
This law applies when a minor knowingly sends or receives (or simply possesses) a sexually explicit image of another minor using an electronic device. However:
- The law applies only when all people involved are minors
- The images must be self-produced by a minor
- There is a tiered penalty system
A first violation is treated as a noncriminal violation, similar to a traffic citation. This may require community service or participation in an educational program. A second violation is a first-degree misdemeanor, and a third or subsequent violation can be charged as a felony.
It’s important to know that the teen sexting statute doesn’t apply to every situation. You can face different charges when:
- An adult sends or receives explicit images involving a minor
- A minor shares explicit images of another minor without consent
- Images involve coercion, threats, or exploitation
- Images are widely distributed or posted online
Depending on the circumstances, prosecutors may rely on Florida’s child pornography laws rather than the teen sexting statute. A child pornography charge can carry severe penalties and long-term consequences, including mandatory sex offender registration.
The Difference Between Possession and Distribution
There’s an important legal difference between possessing and distributing sexual images. A single image saved on a phone can result in charges, even if you never shared it. On the other hand, sending or forwarding an image increases your risk and the potential penalties.
People are often surprised to learn that forwarding an image “as a joke” or during an argument can turn a once-manageable situation into a full-blown criminal case. While courts may consider your intent, that alone can’t protect you from serious consequences.
Protect Your Rights with a Florida Sex Crimes Defense Lawyer
Sexting cases often involve sensitive facts and digital evidence. They often stem from misunderstandings that spiral out of control, or when someone is under significant emotional distress. The Law Offices of Anthony G. Ryan, P.A., helps Florida clients protect their rights and advocate for the best outcome possible. Our clear understanding of Florida law and local courts is reflected in our positive results.
If you have questions about a sexting allegation involving you or your child, reach out to discuss your next steps.
