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Is Sexting a Crime in Florida?

Written by Moses & Rooth Attorneys at Law on May 18, 2016

You meet someone, you like them, you flirt with them, you exchange numbers, and your relationship begin to sail. Along with the flirtations, in today’s society, you text one another “cute” little nothings. Soon, pictures are exchanged, some involving little to no clothing. Most people never wonder whether sending an “innocent,” flirtatious picture is a crime; however, in some cases it is. When you engage in sexting, there are certain situations that will be considered criminal conduct and these situations result in serious charges. If you or a loved one have been charged with a sexting crime, it is in your best interest to seek legal representation and advice. Contact an experienced Florida criminal law attorney to help you with your case.

What is Sexting and What are the Consequences if Charged?

No matter how innocent it may seem, sexting is a crime. Sexting is sending and receiving sexually explicit messages, primarily between mobile phones, internet, or other communication devices. In Florida, sexting is governed by Florida Statutes 847.0141 and 847.0137 Though consenting adults do not commit a crime for sexting, teens who engage in sexting can face serious consequences. In Florida, anyone under the age of 18 commits the crime of sexting when they knowingly use a device to send images or videos that consist of nudity or sexual conduct to another minor, as well as when a minor receives and possess any nude or explicit images that are sent by another minor. It is important to note, however, that if the recipient of the text message did not solicit, transmit, or distribute the photo and took reasonable steps to report the photo, they will not be in violation of a sexting crime.

Minors can commit a sexting crime that results in a misdemeanor of the first degree, or a felony degree offense, depending on the circumstances surrounding the case. It is important to seek legal representation if you, whether an adult or minor, have been charged with a sexting crime.

Need Legal Advice?

Being charged with a sexting charge, if convicted, could lead to serious consequences that will follow you throughout life. Though you may not intend to engage in criminal activity, in some cases, your intent will not matter at all. Because of this, it is important to seek legal representation and advice. Contact Moses & Rooth Attorneys at Law at (407) 531-8694 for an initial consultation so that we can strategize about the best possible outcomes for your case.

Posted Under: Sex Crimes

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