“Sexting” is generally defined as electronically sending, receiving, or forwarding sexually explicit messages, photographs or images.
Consenting adults can lawfully share sexually explicit messages, photographs or images by and between one another, the only restrictions being that consent is necessary and the images cannot be of minors.
That said FL has a specific Sexting statute which is aimed at minors meaning anyone under 18 – and in FL a minor violates F.S. 847.0141 if s/he either 1) knowingly electronically transmits any obscene material to anyone else or 2) possesses any obscene material that was electronically transmitted to her / him.
It is a defense to possession of obscene material by a minor if the minor can prove that 1) s/he didn’t solicit the obscene material – meaning that it was sent without provocation, 2) that the minor reported receipt of the image to either a legal guardian, a school official or police and 3) if the minor did not redistribute the obscene material.
In FL “obscene material” is defined as anything that depicts nudity, sexual conduct, or sexual excitement when it “predominantly appeals to a prurient, shameful, or morbid interest, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and taken as a whole, is without serious literary, artistic, political, or scientific value for minors”, but a mother breast feeding is specifically excluded from this definition.
A first violation is a non-criminal infraction, a second violation is a 1st degree misdemeanor and a third or subsequent violation is a 3rd degree felony.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
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