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Florida sexting laws can be confusing, especially when minors or young adults are involved. What may seem like a private message or image can quickly escalate into school disciplinary action, criminal charges, or mandatory penalties, such as hours of community service. These cases move quickly and can have lasting consequences on your record and future.
At Buda Law, Tampa criminal lawyer Andrew Buda offers experienced representation to clients facing sexting-related allegations throughout both Pinellas and Hillsborough Counties. As a former prosecutor, he defends both minors and adults accused of sharing or receiving sexually explicit electronic messages, images, or videos.
If you or your child has been contacted by law enforcement or received a citation, call (813) 322-2832 or send a message online to speak with a criminal defense attorney who understands how these cases are built—and how to fight them.
What is Considered Sexting?
Sexting is a blend of the words sex and texting. It refers to the act of sending, receiving, or possessing sexually explicit messages, images, or videos through electronic communication. This can include a photograph or video shared via text message, email, social media apps, or electronic data transmission.
Sexting often involves nude or partially nude content intended to create sexual excitement or express romantic interest, and it may occur between people of any age.
However, sexting is intended to be a private exchange among consenting adults. When the content involves a minor or is shared without consent, it can lead to serious legal consequences.
Is Sexting a Crime in Florida?
Yes and no. Sexting, when done between two adults over the age of consent in Florida (which is 18 years old) is legal. However, when it involves a minor (under 17), the act becomes a crime.
Under Florida sexting laws, it is illegal for a minor to send, receive, or possess sexually explicit images—even if the exchange is consensual. Because a minor is prohibited from having or sharing this type of content, these cases can lead to legal penalties, including criminal charges. While the Florida Romeo and Juliet law may help certain teens avoid severe consequences like sex offender registration, it does not make sexting between minors legal.
In cases involving adults, sexting can escalate to criminal charges such as exploitation or possession of child pornography, particularly if a minor is the subject of the content. These charges are taken seriously and can result in lasting consequences, including sex offender registration.
In any case, whether you’re facing charges yourself or are a minor’s legal guardian, it’s important to seek experienced criminal defense representation as soon as possible. A knowledgeable criminal defense attorney like Andrew Buda can help protect your rights and guide you through each step of the legal process.
Sexting Florida Statute
Florida Statutes Section 847.0141 is the state’s primary law governing sexting offenses. It was created to handle sexting between minors differently from more serious crimes such as child pornography, recognizing that teens may not fully grasp the legal risks of sharing explicit content.
Under F.S. § 847.0141, a minor commits a sexting offense if they knowingly use a computer, phone, or other device capable of electronic data transmission to transmit or distribute a photograph or video of any person, including themselves, that shows nudity and is considered harmful.
The law also applies to minors who possess such an image or video, even if they didn’t send it. However, a minor is not in violation if all of the following conditions are met:
- The minor did not solicit the image.
- The minor took reasonable steps to report it to a school official, parent, or law enforcement official.
- The image or video was not transmitted or distributed to anyone else.
It;s also important to note that according to Florida sexting laws, if multiple photographs or videos are involved but were transmitted or distributed within the same 24-hour period, they are treated as a single offense. The same rule applies to the possession of multiple images received within that time frame from another minor.
Below is the full text of the statute covering sexting and related prohibited acts in Florida.
A minor commits the offense of sexting if he or she knowingly:
(a) Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity and is harmful to minors
(b) Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity and is harmful to minors. A minor does not violate this paragraph if all of the following apply:
1. The minor did not solicit the photograph or video.
2. The minor took reasonable steps to report the photograph or video to the minor’s legal guardian or to a school or law enforcement official.
3. The minor did not transmit or distribute the photograph or video to a third party.
(2)(a) The transmission or distribution of multiple photographs or videos prohibited by paragraph (1)(a) is a single offense if the photographs or videos were transmitted or distributed within the same 24-hour period.
(b) The possession of multiple photographs or videos that were transmitted or distributed by a minor prohibited by paragraph (1)(b) is a single offense if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period.
(3) A minor who violates subsection (1):
(a) Commits a noncriminal violation for a first violation. The minor must sign and accept a citation indicating a promise to appear before the juvenile court. In lieu of appearing in court, the minor may complete 8 hours of community service work, pay a $60 civil penalty, or participate in a cyber-safety program if such a program is locally available. The minor must satisfy any penalty within 30 days after receipt of the citation.
1. A citation issued to a minor under this subsection must be in a form prescribed by the issuing law enforcement agency, must be signed by the minor, and must contain all of the following:
a. The date and time of issuance.
b. The name and address of the minor to whom the citation is issued.
c. A thumbprint of the minor to whom the citation is issued.
d. Identification of the noncriminal violation and the time it was committed.
e. The facts constituting reasonable cause.
f. The specific section of law violated.
g. The name and authority of the citing officer.
h. The procedures that the minor must follow to contest the citation, perform the required community service, pay the civil penalty, or participate in a cyber-safety program.
2. If the citation is contested and the court determines that the minor committed a noncriminal violation under this section, the court may order the minor to perform 8 hours of community service, pay a $60 civil penalty, or participate in a cyber-safety program, or any combination thereof.
3. A minor who fails to comply with the citation waives his or her right to contest it, and the court may impose any of the penalties identified in subparagraph 2. or issue an order to show cause. Upon a finding of contempt, the court may impose additional age-appropriate penalties, which may include issuance of an order to the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend the driver license or driving privilege of, the minor for 30 consecutive days. However, the court may not impose incarceration.
(b) Commits a misdemeanor of the first degree for a violation that occurs after the minor has been found to have committed a noncriminal violation for sexting or has satisfied the penalty imposed in lieu of a court appearance.
(c) Commits a felony of the third degree for a violation that occurs after the minor has been found to have committed a misdemeanor of the first degree for sexting.
(4) This section does not prohibit the prosecution of a minor for a violation of any law of this state if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual excitement, and does not prohibit the prosecution of a minor for stalking
(5) As used in this section, the term “found to have committed” means a determination of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of whether adjudication is withheld.
(6) Eighty percent of all civil penalties received by a juvenile court pursuant to this section shall be remitted by the clerk of the court to the county commission to provide training on cyber-safety for minors. The remaining 20 percent shall remain with the clerk of the court to defray administrative costs.
What are the Legal Consequences of Sexting in Florida?
When a minor is caught sexting in Florida, the consequences depend on whether it’s their first, second, or subsequent offense.
- For a first offense, sexting is treated as a noncriminal violation. The minor may resolve the citation without going to court by completing one of the following: eight hours of community service, paying a $60 civil fine, or attending a cyber safety program if available locally. If the minor does not respond, they waive their right to a hearing, and the court will impose an appropriate penalty. However, incarceration is not an option for a first violation.
- A second offense is classified as a first-degree misdemeanor. While the penalties may be similar to a first offense, the consequences can escalate and include harsher sanctions.
- A third or subsequent offense can lead to a third-degree felony. detention in a juvenile facility for up to one year. In some cases, the court may also order the suspension of the minor’s driver’s license through the Department of Highway Safety and Motor Vehicles.
The law also requires that any civil penalties collected under this statute be allocated to support local cyber safety education (80 percent) and administrative costs (20 percent).
If the conduct involves more serious violations—such as sharing sexually explicit images of a minor—the case may result in felony charges, mandatory sex offender registration, and up to five years in prison per image. These severe penalties can apply to both minors and adults, depending on the details of the case.
Sexting vs. Child Pornography Charges in FL
Sexting may become a felony under Florida law if the content involves photographs or videos of a minor that show sexual conduct or sexual excitement. When that content is transmitted or distributed, it may be treated as child pornography, even if shared between teens.
If the content is transmitted or distributed and includes a video of any person involved in explicit acts, prosecutors may pursue felony charges for possession, distribution, or production of child pornography. The penalties identified for these offenses include up to five years in prison per image and mandatory sex offender registration.
A recipient who does not take reasonable steps to report the image to a parent, school official, or law enforcement may also face charges. These cases can escalate quickly, and what starts as a single image may lead to felony charges and lifelong consequences. A Tampa child pornography defense lawyer can help you understand your rights and respond appropriately under Florida’s strict child protection laws.
FAQs About Florida Sexting Laws
Sexting between consenting adults is legal in Florida. However, sharing sexually explicit content without consent, harassment through sexting, or engaging in electronic data transmission of images involving individuals under 18 may violate state law. Adults may also face legal consequences if they receive or forward content involving a minor.
Yes. Under Florida sexting laws, it is illegal for an adult to send or receive sexually explicit images involving a minor. Such conduct may be prosecuted as child pornography charges, are third-degree felonies in Florida with penalties that can include up to five years in prison, sex offender registration requirements, and permanent damage to one’s reputation.
Sexting between consenting adults is generally not a criminal offense in Florida. The exchange is legal as long as both individuals are over 18 and willingly share content. However, it becomes illegal if one party shares the images without the other’s consent, uses the content to harass or threaten, or if the material violates other state laws.
Revenge porn, or sharing explicit content without consent, is a crime under Florida Statute § 784.049 and is classified as a first-degree misdemeanor in Florida. Unwanted sexting, including sending unsolicited sexual messages or images, can also be considered harassment and may lead to criminal charges.
Yes, sexting between two minors is a crime in Florida, even if both parties consent. Under state law, a minor is prohibited from using electronic devices to transmit or possess sexually explicit images that depict nudity and are harmful to minors. When a minor is caught violating the law, the issuing law enforcement agency may issue a citation that includes specific details about the offense, including the time of the violation, the facts constituting reasonable cause, and the name of the citing officer.
Although the law allows for exceptions, such as when a minor reports the image to a school official or legal guardian without distributing it, those protections only apply under strict conditions. If a citation is waived or not contested and the minor fails to comply with the penalty, the court may impose further consequences.
Paying someone to send sexually explicit content may be legal if both parties are consenting adults. However, involving a minor, even unknowingly, may result in serious consequences under Florida law. If a photograph or video of a minor is transmitted or distributed for money, it may lead to felony charges.
How a Tampa Criminal Defense Attorney at Buda Law Can Help
If you, your child, or someone you love is facing charges for violating Florida sexting laws, Buda Law can help. Led by Attorney Andrew Buda, a former prosecutor, our criminal lawyers in Tampa, Florida bring valuable courtroom insight to cases involving sex crimes, both in adult and juvenile court. We create personalized defense strategies designed to challenge weak evidence, reduce charges, and help clients avoid a permanent record whenever possible.
Call Buda Law at (813) 322-2832 or complete our online intake form to request your free consultation with a Tampa sex crimes lawyer today. The sooner you act, the more options you have.