Sexting is the act of sending or receiving sexually explicit images or videos. The photos or videos are sent or received through an electronic device or computer. Sexting between two consenting adults is legal in Florida, but individuals younger than 18 could face harsh criminal charges and penalties.
Possible Charges Related to Teen Sexting
In previous years, teens who created or sent nude or sexually explicit photos faced child pornography charges. Convicted teens would have to register as sex offenders.
Thankfully, Florida has new laws regarding teen sexting. It is still illegal for teens under 18 who send or receive nude photos and videos. A first offense for teen sexting is no longer a criminal charge. Repeat offenders could face misdemeanor or felony charges depending on their case.
Age Matters in Teen Sexting Charges
The age of both parties affects what type of punishment teen sexters could receive. For example, a 17-year-old male who received nude photos from his 16-year-old girlfriend will probably get a non-criminal citation.
A 21-year old male sending or requesting sexually explicit images from a 17-year-old girl is likely to face criminal charges, including child porn-related charges.
Penalties for a Teen Sexting Conviction in Sarasota
The penalties you could face for teen sexting vary widely. As previously stated, first-time offenders will not face criminal charges. Instead, they usually receive a non-criminal citation.
Non-criminal charges require a court appearance and one or more of the following:
- Completion of a cyber-safety program
- Pay a $60 penalty
- Complete eight hours of community service
You have thirty days to complete your required penalties. You may have the option of contesting the citation issued against you. If you lose, the court may impose any or all the penalties described above.
Failing to appear in court is not a good option. You’ll be found in contempt and face additional punishment, including the loss of your driver’s license.
Repeat Offenders
Continual teen sexting charges carry more severe penalties. You could face first-degree misdemeanor or third-degree felony charges.
A first-degree misdemeanor is punishable by fines as high as $1,000 and up to one year in county jail. Third-degree felonies are punishable by up to five years in prison and fines up to $5,000.
Additional Charges and Penalties
The penalties could be even more severe if you face harassment, cyber-stalking, solicitation, or child porn charges. Make sure you understand the severity of the charges against you. A sex crime lawyer in Sarasota helps you prepare a compelling defense.
Defending Yourself Against Teen Sexting Charges
The type of defense strategy your case will benefit from will depend on the details of the charges against you. Some of the more common defenses used in teen sexting cases include:
- Mistake of fact
- Lack of intent
- Lack of probable cause
- Police misconduct
- Illegal search and seizure
- Adult depiction
- Child erotica
- Transitory possession
What happens if you receive nude or sexually explicit images? The prosecution could drop the charges against you if you did not solicit or share them and took steps to report the incident. Your attorney may be able to negotiate with the prosecutor to reduce or dismiss the charges against you.
Get Help From a Sex Crimes Lawyer in Sarasota
If you are facing criminal charges related to teen sexting, you need a strong legal defender on your side. Contact an experienced Sarasota sex crimes lawyer for help today.
Get an initial case review with Erika Valcarcel, Criminal Defense Lawyer, P.A. Call (941) 363-7900 or use our contact form today.
View All Blogs"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
