Sexting, sending or receiving sexually explicit messages, images, or videos through a cell phone, might feel like a normal part of modern communication. But in Florida, it can have serious legal consequences, especially when it involves minors or non-consensual recipients.

"It can be illegal, like everything dealing with the law, the answer is truly: it depends." says criminal defense attorney Danny Izquierdo.

So, when does sexting become a crime in Miami-Dade County or elsewhere in Florida?

When Sexting Becomes Illegal in Florida

The legality of sexting depends on several factors, including:

1. The Age of the People Involved

  • If either party is under 18, sexting can lead to criminal charges related to the possession or distribution of child pornography, even if both parties are minors.
  • Teens can face felony charges and be placed on the sex offender registry, even if the exchange was consensual.

2. Consent of the Recipient

  • If the person receiving the message did not want it, this could be considered harassment or the transmission of harmful material, both of which can lead to criminal charges.

3. What Content Was Sent

  • Explicit photos, videos, or messages involving nudity or sexual activity may be classified under harmful material to minors, obscene material, or child pornography depending on the context.

Florida’s Sexting Law for Minors

Florida Statute § 847.0141 specifically addresses sexting by minors and outlines a tiered penalty system:

  • First offense: Civil infraction, similar to a traffic ticket.
  • Second offense: Misdemeanor charge.
  • Third or more offenses: Could lead to more severe consequences.

However, these protections do not apply if:

  • The material is distributed without consent.
  • The image is of someone under 18, regardless of who sent it.
  • The content is used in a threatening or harmful way.

Possible Criminal Charges You Could Face

If sexting crosses a legal line, you could be charged with:

Even if you’re a minor, Florida courts can charge you as an adult in certain serious cases.

Best Practice: Don't Do It

"Be careful when using a cell phone," warns Attorney Izquierdo. "Think about what you're sending and to whom, because if that person is not willing to receive those types of messages, you could be charged with a crime."

If you’re underage, the consequences may be even more severe.

Avoid sexting altogether, unless you're absolutely sure that the person you are engaging with is:

  • Over 18
  • Consenting
  • Not forwarding or storing your content

Charged With a Crime for Sexting in Miami-Dade? You’re Not Alone

Mistakes happen, and they shouldn’t define your future. If you or your child has been arrested or is under investigation due to sexting, Izquierdo Law Firm is here to help. We understand what you’re going through and how overwhelming these charges can be. Let’s talk through your story, explain your rights, and create a custom defense strategy to get the best possible outcome.

Have You or Your Child Been Accused of a Sex Crime in Florida? 

If your child is facing serious charges for something shared online, don’t wait until it’s too late. Call Izquierdo Law Firm today at 305-707-7345 or schedule your Free 4-Point Case Evaluation and Defense Strategy Session. We serve clients throughout Miami-Dade County and are ready to help you take control of your defense. We understand the fear, confusion, and urgency and we’re here to protect your child’s future. Contact me online or call my Miami office 

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