We all fall into the grasp of lust when we tend to like someone. In today’s age, when technology is so widespread, it is very common for us to indulge in sending our lovers an occasional naughty text. The act of sending sexual text, explicit images or videos, and emails on an electronic platform is known as sexting. In this article, we will be discussing the sexting laws in Florida, meaning its legality and the caution you must take before you indulge in some virtual action.
What Is Sexting?
Sexting is a combined word, sex, and texting. In recent years, cell phones have become the most popular platform of communication. Moreover, sexting has emerged as a popular way to engage and flirt as sexual communication on online platforms.
Sexting can involve sharing sexual pictures or videos, sending sexual voice notes and text, or exchanging any other sexual content. Moreover, the issue arises when the matter of consent comes into the place.
For instance, you, as an adult, send a sexual image to another adult, which might not be consensual. Moreover, once someone has the possession of sexual content from another person, it might be a risk of that being shared without their consent.
Is Sexting a Crime in Florida?
In simple words, if you and your partner are both adults and consenting to the act, sexting is not illegal. Moreover, in the state of Florida, an adult sending unsolicited images of one’s sexual organs to another adult is not illegal.
On the other hand, sexting is not a crime when done between adults. Moreover, it can be a crime if the images that have been shared while texting are shared in public forums as a form of romantic revenge.
Florida is one of the 38 states in the US with laws that are against the non-consensual sharing of images that are sexual/explicit in nature. Even though it’s a felony in various states, in Florida, romantic revenge image sharing or posting is considered a misdemeanor.
Moreover, the state is required to prove that the images had been shared with malicious intent. So, if you are accused of sharing sexual images maliciously, it is important that you get into contact with a criminal defense attorney.
Sexting Laws in Florida
Sexting is an act that will vary based on the age group you belong to and whether there’s presence of consent or not. Let us view some of the many intricacies of sexting in the state of Florida.
Sexting Between Two Adults
Sexting between two consenting adults is legal in Florida. Moreover, it is crucial that the exchange of sexual content is consenting and both individuals are in a safe and trusting relationship.
Sexting Between a Minor & Adult
In the state of Florida, the age of consent begins when you turn 18 years old. Moreover, if an adult is engaging in sexting with a minor it is stated to be an offence. Moreover, if you as an adult receive sexual/explicit images from a minor, you will be charged with possession of child pornography.
If you face a charge of child pornography, you shall be charged with fines worth thousands, along with a felony charge. Moreover, you will also face a prison sentence and shall be registered as a sex offender. Similarly, if you are caught in the distribution of sexual images of minors, a child pornography offense will be charged against you.
Sexting Between Two Minors
Many of us do not realize that sexting between two minors is a criminal offense in Florida. Similarly, sexting between two minors might also lead to criminal charges. Moreover, if pictures are shared, then the case becomes more worse.
Many will argue that teenagers do not have an understanding of the implications of their actions. Similarly, sexting laws in Florida tend to exist with the intention of protecting minors from sharing and receiving explicit content that could harm them physically or mentally.
When Can Sexting Charged as A Crime in Florida?
Sexting can be a criminal offense if you are caught having it with a minor. You might face life-altering consequences if you are charged with the same. Some of the punishments include jail time and registering oneself as a sex offender.
Due to this, it is very vital that you consult with a criminal defense lawyer. If you are charged with the offense of sexting. Your attorney will be the best person to effectively determine what kind of defenses you can show in a court of law to save you from further prosecution.
Moreover, if you are someone who has been charged with the offense of sexting with a minor. Then, there’s a high probability of severe punishment. These could include:
- Citations from the case.
- Community service
- Hefty fines
- Suspension of driver’s license (this depends on the severity of the charges faced by you)
Defenses If Charged with the Crime of Sexting
Now, you must be wondering about the defenses that might come in handy if you are faced with the crime of sexting. The first thing you must do is hire a criminal defense lawyer. They will advise you on defenses that will help in your case.
The main reason why your side requires a good criminal defense lawyer is to build a strong defense strategy.
A typical instance of a defense in such a crime might be. You might not be charged for sexting a minor. If a minor has used your cellphone for sexting with another minor. This means you were unaware that a minor used your cell phone to indulge in sexting with another minor.
Tips To Deal With Teen Sexting
If you’re a parent of a teenager then you must ensure how your child is making use of their cellphones. We are listing some of the ways you can ensure cyber safety of your teens below.
- Receiving of sexually explicit photos in your teen’s mobile phone can have dangerous legal consequences. Make sure to delete them, as you’ll not want your child or any family member to be charged for the possession of child pornography on any electronic devices.
- The next tip you can follow to deal with sexting is to have a supportive conversation with your child. Ensure that you’re aware of the situation they might be going through. For instance, if your child has forwarded any sexual implicit images get to know the motivation for doing such an act. Similarly, this will allow you to explain the psychological and legal implication of doing so.
- Another thing you might do is conversation with parents of other teenagers. Also talk to people in your child’s school to have a check on the matters if others too are involved in the act of sexting. Moreover, make sure to inform your child that you’ve been informed and involved in conversation with other parents and teenagers. As every case tends to be unique and contextual, but if your child gets involved in it. So, their social life and emotional well-being comes into question.
- Make sure to carefully evaluate whether or not get your child’s school into the situation. Some schools has mandatory reporting requirements, meaning upon hearing about your teen being involved in sexting can lead the case go directly to the law enforcement. This could turn a hard lesson of your child transform into a long-term trauma.
- You can also seek assistance from a therapist or a counselor if the incident of sexting has caused concerns for your child’s mental health. Moreover, you can also seek assistance if you feel that the incident is causing stress, anxiety, or depression within your child or other family member.
- Some experts advice that you must report the photo to your local police. However, consider that while you intend to protect your child, you might incriminate another individual or possibly your own child. in some states, school authorities are mandated to report to law enforcement regarding sexting photos. In such situations, it is vital for school authorities to talk with the child and their parents before going to the police. Similarly, if there is malice or criminal intent is involved you might also take advice from an experienced criminal lawyer. But, know that a child pornography charge can be filed against anyone who is involved in the scene.
However, if you are a teen involved in sexting, you might consider the following tips mentioned below. If you’ve received a sexually implicit image on your phone, do not forward the same to anyone. As by doing this you can be charged with distribution of child pornography. Make sure to delete the image. Additionally, if you are feeling that you’re victimized, make sure you talk it out to a parent or a trusted adult. Be brave and tell them the full story so that they can give you a proper solution. Additionally, also ask them to keep you involved in the whole process.
Final Thoughts
So, now you have a better idea of the ways and workings of sexting laws in Florida. We know the feeling of lust is a strong feeling, and we can’t always stop the urge. But here’s a word of advice. Before you indulge in sexting with another individual online, Make sure you have their consent and are not a minor. To have a precise understanding of the same, it is crucial that you indulge in video chats or have them meet in person to effectively determine their age. Stay safe and have a great sex life with proper caution.
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Nilanjana is a lawyer with a flair for writing. She has a certification in American Laws from Penn Law (Pennsylvania University). Along with this, she has been known to write legal articles that allow the audience to know about American laws and regulations at ease.
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