Florida Sexting Laws for Teens and Minors

Florida has enacted teen sexting laws to protect minors from harsh penalties. But the protections of this law are limited, and a teen could face felony charges for repeat sexting offenses or sexting images of sexual conduct. Read on to learn more about Florida laws that apply to sexting images of minors.

What Is Sexting?

Sexting refers to the taking, sending, or receiving of nude or sexual photos or videos by electronic means, whether through a text message, social media, or email. Especially common among teenagers, sexting can easily be used to bully or harass others.

Is Sexting a Crime in Florida?

Sexting between consenting adults is legal, as long as the images aren't of minors. An adult (18 and older) who sexts with a minor, however, can face serious charges.

For sexting by and between teens younger than 17, Florida law offers prosecutors a charging option that avoids the harsh penalties that apply to adults. But this option only covers sexting nude images. If teens or anyone sexts images of a minor involving sexual conduct or excitement, a prosecutor can file felony charges.

Nude images are defined as those showing genitalia, the pubic area, buttocks, or the female breast with anything less than fully opaque covering. It also includes an image of covered male genitalia in a turgid state.

Sexual conduct or excitement includes images showing sexual intercourse, masturbation, lewd exhibition of genitals, uncovered male genitals in a turgid state, or sexual contact or touching of another's genitals, pubic area, buttocks, or female breast for arousal or gratification.

(Fla. Stat. § 847.001 (2024).)

Florida Laws and Penalties for Teen Sexting

Florida prohibits sexting by and between minors (persons younger than 18).

Teen Sexting Violations

Minors violate Florida's sexting law by knowingly using any electronic communication device to send or receive a nude image to another minor.

A minor who receives an unsolicited sext won't face charges as long as they report the image to a guardian, school official, or law enforcement and don't share it with anyone else.

Penalties for Teen Sexting

A first violation for teen sexting of nude images results in noncriminal penalties. Subsequent violations are punishable by criminal penalties.

First violation. For a first violation, the minor receives a noncriminal citation that outlines the following options: complete eight hours of community service, pay a $60 penalty, participate in a cyber-safety program, or contest (challenge) the citation in court. The minor has 30 days to complete one of the options. If the minor contests the citation and loses, the court may order any combination of the above three options. Not responding at all will result in a mandatory court appearance, and upon finding the minor in contempt, the court can impose additional penalties—such as suspending issuance or privileges of a driver's license.

Repeat violations. A second sexting violation results in first-degree misdemeanor charges. Any subsequent violation is punishable as a third-degree felony. Minors will face these allegations in juvenile court. While they won't face adult jail sentences, a judge can order more significant sanctions for misdemeanor and felony adjudications as compared to the penalties outlined above. Also, these repeat violations go onto the minor's record.

Additional charges. Florida's sexting law doesn't prevent a prosecutor from charging a minor with other crimes if the image depicts sexual conduct or sexual excitement. The prosecution may also bring harassment charges (including cyberstalking), if applicable.

(Fla. Stat. § 847.0141 (2024).)

What Are the Penalties for Sexting With a Minor in Florida?

Sexting activities that involve minors and go beyond the conduct described above can result in much harsher penalties. A person could face felony charges under Florida's laws prohibiting child pornography or transmission of harmful materials or obscenity to minors.

Penalties for Transmission of Harmful Materials to Minor by Electronic Device

Adults or minors who knowingly sext "harmful images" to a minor commit a third-degree felony. Believing the image is being sent to a minor also falls under this crime (for instance, sending images to an undercover cop posing as a minor). Images considered "harmful to minors" include those that depict nudity, sexual conduct, or sexual excitement. A felony of the third degree carries up to five years of prison time and a $5,000 fine.

(Fla. Stat. § 847.0138 (2024); Duclos-Lasnier v. State, 192 So.3d 1234 (Fla. Dist. Ct. App. 2d (2016) (finding that even though the statutory text references transmission by "electronic mail," courts have routinely found this language to include text messages and instant messaging).)

Penalties for Transmission of Obscenity to Minors

Florida also makes it a felony of the third degree to knowingly transmit obscene material to a minor. "Obscene material" includes images, recordings, photos, or other visual matter depicting sexual conduct that's patently offensive. An adult or minor can face charges under this section for sexting images to a minor.

(Fla. Stat. § 847.0133 (2024).)

Penalties for Possessing or Transmitting Child Pornography

A person who receives a sext from a minor could be charged with possession of child pornography. Florida law defines child pornography as any image depicting a minor engaged in sexual conduct. Knowingly possessing or intentionally viewing sexual conduct involving a minor is a felony of the third degree. It's also a third-degree felony to electronically send an image containing child pornography.

(Fla. Stat. §§ 827.071, 847.0133 (2024).)

Will a Teenager Go to Juvenile or Adult Court in Florida?

Authorities usually handle offenses committed by minors younger than 18 through the juvenile justice system. Teens who are 18 or 19 when they commit an offense, however, are adults and subject to adult criminal court.

Juvenile Delinquency Court

Juvenile delinquency courts have more discretion than adult courts when it comes to the types of penalties they can impose. Florida's Juvenile Justice Act outlines various options for a minor "adjudicated delinquent" (the term used for conviction in juvenile court), including substance abuse treatment, restitution, curfew, driver's license revocation, community service, and educational programming. Detention is also an option but generally only used in serious cases.

Adult Court

A person convicted in adult court—including teens age 18 and 19—can face jail or prison time and fines. In some cases, a judge might order probation, which allows the defendant a chance to serve part or all of their sentence in the community under supervision.

(Fla. Stat. §§ 985.03, 985.433 (2024).)

Does Florida Require Sex Offender Registration for Sexting?

An adult convicted of any of the felonies listed above must register as a sex offender. Minors adjudicated in juvenile court are not required to register under Florida law for the sexting offenses listed in this article.

(Fla. Stat. § 943.0435 (2024).)

Speak to an Attorney

Any charges that stem from teen sexting or sexting with a minor can result in serious consequences. If you've been questioned by the police or charged with a sexting crime, speak to an experienced local criminal defense lawyer immediately. An experienced local attorney can provide you with legal advice, information about the courts and judges in your area, and the potential consequences of the charges against you. If you can't afford an attorney, ask if you qualify for a public defender.