191) Can I get in trouble for Sexting? ~ Michael A Haber, Miami Criminal Defense DUI BUI Lawyer

June 19, 2017 / Michael A. Haber /

“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:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
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Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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