Sexting is the act of sending explicit photos, videos or messages. Generally, this is not a crime. However, there are some circumstances when it could be unlawful. Here are a few examples.
- When sexting involves a minor: Sending or receiving sexually explicit photos or videos of a minor may warrant child pornography charges that have extremely severe consequences.
- Harassment: An individual who sends unwarranted photos or videos could be charged with harassment.
- Revenge pornography: It is unlawful to send or publish sexually explicit photos or videos without the individual’s consent. While the photos may have been obtained consensually, the sharing or distribution was done without consent. This can be a misdemeanor for a first offense, but a felony for repeat offenders.
Penalties for Sexting
The penalties for sexting can be severe. Electronic distribution of sexually explicit photos of a minor is a Third Degree Felony. It is punishable by five years in prison and a fine of $5,000. It is also possible that the individual be registered as a sexual offender.
There are many defenses that can be used for a sexting charge.
- Sometimes photos are sent that are not “sexually explicit” as defined under the law.
- Entrapment is a defense based on being coerced or persuaded to do something you didn’t want to do.
- If the victim wasn’t a minor, the sexting was between two consenting adults.
- The explicit videos or photos were saved to your phone or device without your awareness.
If you have been charged with sexting, it can be very scary. We are experienced attorneys that know how to handle your case. Contact us immediately so we can figure out the best defense possible for your case.
Have You Been Accused of Domestic Violence in Florida?
You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.
I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida". The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.