Fort Walton Beach Criminal Defense Lawyer Helps Those Facing Sexting-Related Charges in Northwest Florida
Your heart sinks as law enforcement requests to speak with you about allegations involving explicit messages. Whether you're a concerned parent whose teenager is being investigated or you're facing accusations yourself, convictions under Florida sexting laws can have serious consequences. At Flaherty & Merrifield, our Fort Walton Beach sex crimes lawyers understand how frightening these situations can be and can provide the experienced legal guidance you need.
When Sexting Becomes a Criminal Offense
While consensual sexting between adults is legal, Florida sexting laws establish clear boundaries about when this behavior becomes criminal. Understanding these distinctions is crucial for avoiding serious legal consequences.
Sexting Between Adults
Consenting adults can legally exchange explicit messages and images. However, criminal charges may apply if:
- One party shares content without the other's consent, which can result in sexual cyberharassment charges under Florida Statute 784.049
- Images or messages are sent to unwilling recipients, which could lead to harassment charges
- Explicit content is shared with minors, even unintentionally
Sexting Between an Adult and Minor
Any sexting between an adult and someone under 18 is illegal in Florida. Consider these possible scenarios:
- An 18-year-old high school senior exchanges photos with their 16-year-old partner
- A 20-year-old receives explicit images from someone who claims to be 18 online but is actually 15 years old
- An adult unknowingly forwards sexually explicit content involving a minor
In each case, the adult could face felony charges. Florida law does not recognize "Romeo and Juliet" exceptions for sexting offenses as it does for some other charges involving young adults close in age. The consequences can be particularly severe when the age gap is larger.
Sexting Between Minors
Sexting laws in Florida for minors recognize that teens may engage in sexting without understanding the legal ramifications. The state has created a tiered system specifically for minor-to-minor sexting:
- Both the sender and recipient must be under 18
- The content must be shared willingly between the parties
- No third-party distribution can occur
- Both parties must be close in age
Even when these legal conditions are met, minors can still face escalating penalties for repeated violations. For example, a 15-year-old sending photos to their 16-year-old boyfriend or girlfriend would face civil citations for a first offense, but they could face criminal charges for subsequent violations.
Understanding Florida's Juvenile Sexting Laws
Florida sexting laws for minors under 18 follow a tiered approach to criminal offenses. Multiple photos or videos are considered a single offense if they were sent within a 24-hour period. Beyond that, they may count as multiple violations.
First Violation
The minor receives a civil citation requiring eight hours of community service, a $60 fine, or participation in a cyber-safety program. The accused has up to 30 days to complete one of the provided options. While these punishments may seem minor, failing to complete these requirements can result in additional penalties, like driver's license suspension.
Second Violation
A second offense under Florida sexting laws becomes a first-degree misdemeanor, potentially resulting in up to one year in jail and a $1,000 fine. This level of charge can impact future educational and employment opportunities.
Third and Subsequent Violations
Subsequent violations are charged as third-degree felonies, carrying penalties of up to five years in prison, five years of probation, and a $5,000 fine. Additionally, the minor may face sex offender registration requirements.
Adult Sexting Charges and Consequences
When adults are involved in sexting with minors, even unknowingly, the consequences are much more severe. Possession of explicit images of minors is a third-degree felony punishable by up to five years in prison per image. Mandatory minimum sentences may apply, particularly with four or more images.
Other repercussions may include:
- Sex offender registration requirements can last a lifetime
- Professional licenses may be revoked or suspended
- Immigration status could be impacted, potentially leading to deportation
- Employment opportunities become severely limited
Legal Defenses Against Sex Crime Allegations
Several criminal defense strategies may be available depending on the specific circumstances.
- Lack of knowledge. If you received unsolicited images and promptly deleted them or reported them to authorities, this may serve as a defense.
- Age misrepresentation. While not a complete defense, evidence that the minor misrepresented their age can be relevant in plea negotiations.
- Constitutional issues. Law enforcement must follow proper procedures when obtaining and searching electronic devices. Any violation of your rights could lead to the suppression of evidence.
- Mistaken identity. Proving who actually sent or received content in cases involving online communications can sometimes be challenging for prosecutors.
Steps to Take If Under Investigation
If you learn you're under investigation for sexting-related charges in Florida, follow these guidelines to safeguard your legal rights.
- Do not speak to law enforcement without an attorney present.
- Do not delete any electronic communications or devices.
- Do not contact the alleged victim or their family.
- Contact an experienced sex crimes attorney immediately.
- Preserve any evidence of the other party's age representation.
Protecting Your Rights and Future
If you're under investigation or have been charged with a sexting-related offense in Fort Walton Beach, time is critical. Our criminal defense team will:
- Review all evidence thoroughly to identify potential weaknesses in the prosecution's case
- Explain relevant Florida sexting laws and how they apply to your situation
- Identify possible defenses based on the specific circumstances
- Protect your constitutional rights throughout the investigation and court process
- Work to minimize potential consequences through skilled negotiation
- Guide you through each step of the legal process
- Fight for the best possible outcome in your case
Don't let sexting charges derail your future. When you work with Flaherty & Merrifield, you get more than just legal representation; you get advocates who understand what's at stake and will fight tirelessly to protect your rights and freedom.
