As a Florida Teen Sexting Defense Lawyer, I Help Families Protect Their Children’s Futures When a Mistake Turns Into a Criminal Charge
UNDERSTANDING SEXTING CHARGES AGAINST MINORS IN FLORIDA
As a Florida Teen Sexting Defense Lawyer, I’ve represented young people and families blindsided by an arrest that started with nothing more than a private message or picture. In today’s digital world, teens often communicate in ways that adults find shocking. But that doesn’t mean these young people are predators or criminals. Florida’s laws, however, can be unforgiving—even when there’s no intent to harm.
If your child has been accused of sending or receiving a sexual image, it’s critical that you understand what the law says, what penalties apply, and what defenses are available. One misstep early in the process could lead to lifelong consequences. That’s why I handle these cases personally, from arrest through resolution, to fight for a future that protects your child’s rights and avoids the trauma of a criminal record.
FLORIDA’S TEEN SEXTING LAW: FLORIDA STATUTE § 847.0141
Florida created a separate law to deal specifically with teen sexting, recognizing that these cases aren’t the same as adult pornography or exploitation cases. Under Florida Statute § 847.0141, minors can be prosecuted for sending or possessing sexually explicit images through electronic means.
Here’s what the law says:
§ 847.0141 Sexting; prohibitions; penalties.
(3) A minor commits the offense of sexting if he or she knowingly:
(a) Uses a computer or other device to transmit or distribute to another minor any photograph or video of any person which depicts nudity and is harmful to minors, or
(b) Possesses such images transmitted by another minor.
Importantly, this law only applies when both the sender and receiver are minors. When adults are involved, other laws may apply.
WHAT ARE THE PENALTIES FOR TEEN SEXTING?
Florida law classifies first-time teen sexting under §847.0141 as a noncriminal violation, similar to a traffic ticket, punishable by a $60 fine or community service and mandatory completion of a cyber safety course. However, penalties escalate with repeated behavior:
- Second offense: First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine
- Third or subsequent offense: Third-degree felony, up to 5 years in prison and a $5,000 fine
- Aggravated circumstances: If the image is shared broadly, or if the photo involves coercion or exploitation, other felony-level charges may apply—including child pornography laws under §827.071 and §847.0135
Once the State begins charging under pornography or computer solicitation statutes, the risk of sex offender registration becomes real. That’s why early legal intervention is critical.
WHY YOUR CHILD NEEDS A PRIVATE DEFENSE LAWYER IMMEDIATELY
Even if your child is only facing a first offense, hiring a private attorney is essential. Here’s why:
- We can intervene before charges are filed, especially when law enforcement is still investigating.
- We control the narrative—and ensure your teen isn’t tricked into self-incrimination.
- We pursue pretrial diversion, keeping the offense off your child’s record.
- We fight escalation, making sure the State doesn’t file more serious charges under child pornography laws.
As a private defense lawyer, I devote the time and resources necessary to protect your child’s name, education, job prospects, and future. Public defenders, while often dedicated, are overworked and don’t have the ability to engage this aggressively or personally in sexting cases.
REAL CASE: TEEN ACCUSED OF POSSESSING EXPLICIT IMAGE FROM GIRLFRIEND
One case I handled involved a 15-year-old boy in Tampa who received an explicit photo from his 16-year-old girlfriend. Her parents found the image on her phone and called the police. My client was arrested for possession under §847.0141(3)(b).
Through immediate representation, I was able to:
- Prevent school suspension
- Secure early entry into a diversion program
- Avoid any criminal record or sex offender risk
- Ensure that the arrest record was sealed
This family avoided lasting consequences because they acted fast. Delaying legal help—even for a day—could have changed that outcome.
DEFENSES TO TEEN SEXTING CHARGES IN FLORIDA
While the law is strict, several defenses can apply. Here are some of the legal strategies I use when defending these cases:
1. Lack of Knowledge or Intent
Your teen must have knowingly sent or received the image. If the photo was unsolicited or automatically downloaded without their knowledge, they may not be guilty under the statute.
2. No Depiction of Nudity
The statute only applies to images that show actual nudity and are “harmful to minors.” If the image is suggestive but not explicit, the law may not apply.
3. Age Difference or Maturity Level
Florida courts may treat cases differently when the sender and receiver are close in age. A consensual exchange between 15 and 16-year-olds is not viewed the same as if one party was significantly older or younger.
4. Possession After Receipt
The law punishes possession—but only if the teen doesn’t report or delete the image promptly. If your child took reasonable steps to remove the photo and didn’t further share it, that can be used as a defense.
5. First Amendment Protections
In rare cases, the image may not meet the legal definition of “harmful to minors.” If prosecutors cannot prove this element, the case may be dismissed.
As a Florida Teen Sexting Defense Lawyer, I use these and other legal arguments to shut down aggressive charges before they become life-altering.
WHEN THE CASE GETS SERIOUS: OTHER FLORIDA LAWS THAT COULD APPLY
Sometimes, prosecutors go beyond §847.0141 and charge under more serious laws. These include:
- §847.0135 (Computer Pornography and Child Exploitation Prevention Act): Used in cases involving online solicitation
- §827.071 (Sexual Performance by a Child): Applied when images are deemed explicit enough to constitute performance
- §800.04 (Lewd or Lascivious Conduct): Can apply if physical contact is involved, or if images were taken in person
- §943.0435 (Sexual Offender Registration): Can be triggered if the child is charged and convicted under more serious statutes
Once your child’s case falls under these statutes, a criminal record, mandatory registration, and serious jail time may follow. Early intervention is the best protection.
HOW I PROTECT YOUR CHILD’S FUTURE AT EVERY STAGE
Here’s how I fight to protect your family:
- Before arrest: I speak to law enforcement on your behalf, preventing self-incrimination and helping guide the investigation away from criminal filing.
- After arrest: I push for immediate release and work to resolve the case through pretrial intervention or dismissal.
- In court: I challenge every element of the statute, file motions to suppress the evidence, and negotiate directly with prosecutors.
- Afterward: I assist with sealing or expunging records, so this mistake doesn’t follow your child into adulthood.
Parents call me in panic—but leave knowing they’ve got someone in their corner who understands both the law and the stakes.
FLORIDA TEEN SEXTING DEFENSE FAQs
What happens if my teen was arrested for sexting but didn’t send anything?
If your child was arrested for merely possessing an image that someone else sent, the charge will depend on what they did after receiving it. If they reported it, deleted it, or blocked the sender, they may have a valid defense. If they saved or forwarded the image, that could lead to more serious consequences.
Can sexting charges be dropped or sealed in Florida?
Yes. First-time offenses under §847.0141 can often be resolved without a criminal record. If your child completes a diversion program, the case may be dismissed. I then petition to seal or expunge the record, so their future remains intact.
Could my teen have to register as a sex offender?
Not under §847.0141 alone. However, if prosecutors elevate the case to a child pornography or lewd conduct statute, sex offender registration becomes a possibility. I fight aggressively to keep the case in the proper category and avoid registration at all costs.
Is it illegal for my teen to send an image to their boyfriend or girlfriend if they’re the same age?
Yes. Even if the relationship is consensual, Florida law prohibits sexually explicit images between minors. The law doesn’t make exceptions based on romantic status. The penalties vary, but the activity is still technically illegal.
Can the school suspend or expel my teen for sexting?
Yes. Many schools have zero-tolerance policies when it comes to electronic misconduct. Even if the charge is minor, the school may impose harsh penalties. Having an attorney involved early helps protect both the legal case and the academic record.
Do I need a lawyer if it’s only a first offense?
Absolutely. While first offenses may seem minor, they can still lead to criminal records, school discipline, and embarrassment that affects your child’s mental health and future. An experienced private attorney can often get the case dropped before formal charges are even filed.
CALL A FLORIDA TEEN SEXTING DEFENSE LAWYER TODAY
Sexting arrests are more common than ever in Florida, and prosecutors aren’t showing any mercy—even for first-time mistakes between classmates or teen couples. Don’t assume this is something your family can handle alone.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.
Let’s protect your child’s future—starting today.
