Sexting Laws
Criminal Law

Sexting Laws in Florida: A Guide For 2024

| January 17, 2024

We all fall in 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 into sending our lover’s an occasional naughty text. The act of sending sexual text, explicit images or videos, and emails on electronic platform is known as sexting. In this article, we will be discussing about the sexting laws in Florida, meaning its legality and caution you must take before you indulge in some virtual action.

What Is Sexting?

What Is Sexting?

Sexting is a combined word, sex and texting. In recent years, cellphones have become the most popular platform of communication. Moreover, sexting has emerged as a popular way to engage and flirt as a sexual communication in online platforms.

Sexting can involve sharing of sexual pictures or videos, sending sexual voice notes and text, or exchange of 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?

Is Sexting a Crime in Florida?

In simple words, if you and your partner are both adults and consenting with the act, sexting is not illegal. Moreover, in the state of Florida, adult sending of 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 has been shared while texting is 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, but in Florida, romantic revenge image sharing or posting is considered as 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 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 incurred with fines worth thousands, along with a felony charge. Moreover, you will also face prison sentence and shall be registered as a sex offender. Similarly, if you are caught in the distribution of sexual images of minors, 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 offence 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 the 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 of explicit content that could harm them physically or mentally.

When Can Sexting Charged as A Crime in Florida?

When Can Sexting Charged as A Crime in Florida?

Sexting can be a criminal offence 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 punishment include jail time, 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 the court of law to save you from further prosecution.

Moreover, if you are someone who has been charged with the offence of sexting with a minor then there’s a high probability of facing severe punishments. 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 Crime of Sexting

Defenses If Charged with 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 hiring a criminal defense lawyer who will advise in terms of defenses that will help in your case.

The main reason why a good criminal defense lawyer is required by your side is for building 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 your cellphone has been used by a minor itself for sexting with another minor. This means, you were unaware of the fact that a minor used your cellphone to indulge in sexting with another minor.

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, a word of advice, before you indulge in sexting with another individual online make sure you have their consent and is 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 cautions.

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nilanjana basu
nilanjana basu

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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