Tampa Child Pornography Defense

Florida Sexting Laws & Child Pornography

73% of U.S. teens have smartphones, and 15% of teens have a basic cellphone, according to the University of California, Irvine. 

With so many teens having the ability to take sexually explicit photos or videos on their smartphones and tablets and transmit them electronically, many are finding themselves in embarrassing situations, some of which involve legal consequences. Sexting is not typically an issue between consenting adults who transmit explicit images of individuals who are 18 or over. That is because ordinary men and women don't usually transmit sexually graphic images of minors (which constitutes child pornography), but some teens do. 

When a teen shares images of nude minors or minors engaged in sexual activity, that teen can get themselves into a lot of trouble. While many states consider sexting by a teen a child pornography offense, some states, including Florida, changed their laws to prevent teens from becoming registered sex offenders. Knowing that teens are being inappropriate, Florida recognized the problem of charging teens with transmitting child pornography by an electronic device under Sec. 847.0137. In effect, Florida changed its law to address the issue of teens sexting specifically. Instead of automatically charging teens with child pornography crimes, the state created a graduated system of punishment.

Sexting Under Florida Law

A minor, someone under the age of 18, commits the crime of sexting when they knowingly use a smartphone, tablet, computer, or another electronic device to send an image or video that depicts a minor who is nude or engaged in sexual conduct. A teen can also get in trouble for sexting if they receive and possess a nude or sexually explicit image sent from another minor. However, if the teen did not ask for the photo, did not send it to anyone else, and took reasonable steps to report the image, the minor is not guilty of sexting.

Under 847.0141, if a minor is caught sexting, they commit one of the following, depending on the circumstances of the case:

• Noncriminal violation, punishable by a $60 civil penalty, 8 hours of community service, completion of a cyber-safety program, or any combination thereof.
• First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
• Third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

If you received child pornography by email or by another means and you downloaded, printed, or copied it to a disk, or if you forwarded it to anyone, these actions may have put you on law enforcement's radar. Your entire future could be on the line.