Sexting Defense Lawyer in Tampa, Florida
Florida is one of a handful of states that have enacted a special statute that is designed to protect minor children from the potentially harmful effects of "Sexting. "Sexting does not refer to words in this context. Instead, Florida defines Sexting as exchanging or sending pornographic photographs or videos depicting another person in the nude or engaged in sexual behaviors. It is not a violation of Florida statutes if the two parties are consenting adults, and the images or videos are of subjects over the age of 18.
The legal issues centered around Sexting in the state of Florida are quite complex. The intent of such laws is to protect the sanctity and innocence of youth by outlying individuals from sending images or videos to a child. The legal matters become much more sensitive and substantial when the victim is a child and is the individual depicted in the pornographic photos or videos. Unfortunately, once an image or video that is taken of oneself has been sent, that photo has left the control of the Center and could be shared amongst other people or post it online.
Florida's legislative body knows the quandary of these legal issues, particularly handling these issues when it involves teenagers. In most other states, law enforcement charges the offenders for sending or transmitting or possessing child pornography, a third-degree felony in Florida. However, Florida now punishes teens with civil infractions instead of felony criminal charges.
How Does Florida Sexting Laws Effect Adults Versus Teens
What are the unique aspects of Florida's criminal code that separates Sexting from the distribution of child pornography? Florida Sexting laws only apply to underage children. In contrast, an adult would be facing criminal charges of possession of child pornography or Transmission of child pornography criminal charges. One thing to remember is that many times teenagers turn age 18 while in high school. If a high school senior is 18 years old and engages in Sexting with someone who has not reached 18 years of age, that high school senior can be charged with felony distribution transmission or possession of child pornography.
An Overview of Florida Sexting law – Florida statute section 847.0141
Under Florida Statute 847.0141, Sexting is defined as the willful and purposeful Transmission or decimation of electronica images that show a child in the nude or while posing in the act of a sexual nature from one Miner to another. According to the statute, both the sender and the recipient have violated Florida law. Also, if a child receives a sext message and then deletes the image or video as quickly as possible and then reports the incident to a teacher, parent, guardian, or law-enforcement officer, that minor did not violate Florida law. The Miner must not have forwarded the image or video to any other person.
Should the minor be charged under Florida statute section 847.0141, the minor receives a civil infraction in the first offense. The offender will be required to pay a fine of up to $60, perform a minimum of eight hours of community services, and attend an educational course that discusses the dangers of Sexting.
If a child is charged with a second offense of Sexting, where she has committed a first-degree misdemeanor. The minor child who has been arrested for a third or subsequent sexting offense could be charged with a third-degree felony for Sexting.
Sexting and Transmission of Child Pornography in Tampa, Florida
Quarter to Florida Statutes 847.0137, transmitting a photo showing a minor in the nude or engaging in sexual behavior is a third-degree felony in the state of Florida. If the team is 18 years or older and sent an image of a minor that shows a naked minor or committing an explicit act to an adult or a minor could be convicted of transmitting child pornography.
Section 847.0137 handles the issue of adults who live outside of the state of Florida but transmits a video or image to a minor who resides in Florida. The charge is a third-degree felony which is punishable by a prison sentence of up to five years. In the state of Florida, related crimes that are of a more egregious behavior might result in a prison sentence of up to 30 years.
Sexting and Federal Child Pornography Laws
Do United States government created the protection act of 2003, Which criminalizes distributing, producing, possessing, receiving, or processing Child pornography with the intent to distribute the photo or video of a child engaged in sexual acts. Similarly, federal law prohibits permitting or causing a minor to participate in a sexual act with knowledge or intent that the child will be recorded.
Moreover, using a computer, tablet, mobile device, or any other electronic device to receive, send, distribute, or reproduce images of a minor engaging in sexually explicit acts or is A federal offense. Federal law also prohibits promoting child pornography or soliciting child pornography.
The Federal Penalties for Sexting convictions
Federal law prefers that states prosecute juvenile offenders who violate Sexting laws. Depending on the nature of the crime committed, adults could be faced with between 15 and 30 years of prison.