Florida Criminal Lawyer Blog

Here in Florida, teens who send nude photos of themselves or others via mobile phone or email can be prosecuted under state law with child pornography felony charges. Those found guilty can be forced to register as a sex offender for the next several decades. However, a proposed bill would provide more lenient penalties for minors accused of sexting.

A first-time offense would have a $25 fine or eight hours of community service. The second teen sexting offense would be a first-degree misdemeanor. Only after the fourth offense in three years would it be considered a felony offense.

The bill was inspired by a 2007 case involving an 18-year-old male in Orlando who was found guilty of child pornography and wound up on Florida’s sex offender registry for 25 years. Despite this, the bill would only help those under age 18.

Source: Florida considering reducing penalties for teen "sexting", Examiner.com, July 23, 2010

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Until recently, nobody had heard the term "sexting." But this activity, meaning texting sexual photos or messages, can have an all too real impact on teens. Take 20-year-old Phillip Alpert, who was an 18-year-old living in Florida when he forwarded photos of his ex-girlfriend to get her attention.

Alpert was arrested on child-pornography charges, given five years' probation, and forced to register as a sex offender. He is also required to attend weekly sex-offender re-education classes for the duration of his probation. In sexting cases between two underage parties, the teens can feel like both perpetrator and victim, and the consequences can be life-altering, as Alpert's case demonstrates.

Alpert's lawyer took on the case as a pro bono project, partly to educate others on the serious consequences of sexting.

Source: Sexting Leads To Teen Having To Register As A Sex Offender, MTV.com, February 11, 2010

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Sexting, sending sexually explicit photos via text message, is a growing problem among Florida teens. The results can be embarrassing to teen girls, but it can also result in criminal charges for both the sender and the recipient.

Under Florida law, the each image is a felony punishable by up to five years behind bars. Both sexes are equally culpable under the law. Sexting is considered a child pornography case, according to a Broward Sheriff's Office detective. A 2007 Orlando case involving an 18-year-old boy and his 16-year-old girlfriend brought the issue to the attention of Florida law enforcement officials. The boy emailed nude photos of his girlfriend to people out of revenge and is now listed on the state sex-offender registry.

Prosecutors in the Palm Beach County State Attorney's Office say that the office is drafting a policy to address sexting, since it has become such a widespread problem. Miami-Dade County schools hopes to have an anti-sexting initiative in place by the time school starts in August.

Sexting: Both sender and receiver can face charges, Sun Sentinel, July 27, 2009

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