In the past several years, scrutiny of sexting – or distributing explicit nude photographs using a computer or any electronic device – has intensified dramatically.
In 2011, Florida joined in national efforts to stamp out sexting offenses by drafting new legislation and new penalty guidelines that specifically focus on minor offenders. This reflects a growing trend that focuses on correcting problems and behaviors, rather than unjustly punishing those under the age of 18 and subjecting them to long-term penalties for youthful mistakes.
Florida Statute 847.0141 states a minor commits a sexting offense if he or she knowingly:
Uses an electronic device to transmit or distribute nude photos or video to another minor; Possesses a nude video or photo of transmitted by another
If a minor did not solicit explicit materials, made reasonable steps to report the materials, or did not transmit or distribute the explicit materials to another party, they will be considered to have not violated the law.
Depending on the circumstances involved, defendants may face a range of charges and penalties. Multiple offenses can increase the severity of these allegations, with possible third-degree felony charges for a third offense.
Our office will put more than 25 years of experience behind aggressively defending sexting related charges.