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Two adults exchanging explicit messages or photos privately is generally not a crime in Florida. However, if certain conditions change, what felt like a private exchange can become the basis for a serious sex crime charge.
Are you facing criminal charges under Florida’s adulting sexting laws? Your first step should be to retain the experienced South Florida sex crime defense lawyers at the Law Offices of Robert David Malove. We’ll explain your options and mount an aggressive defense strategy to fight the charges you face.
When Does Sexting Between Adults Stay Legal in Florida?
Sexting between consenting adults is not a criminal offense in Florida as long as both individuals are over 18 and willingly share the content. Two adults who mutually agree to exchange explicit images or messages are not breaking any law simply by doing so.
The legal protection here hinges on the age of both parties and the voluntary nature of the exchange. If those conditions are met, Florida law leaves consensual adult communication alone.
What Can Make Adult Sexting a Criminal Offense?
The legal picture shifts when consent breaks down or when one party misrepresents their identity. Here are the situations where adult sexting can result in criminal charges under our state’s adult sexting laws:
- Sharing images without consent. Posting or sending someone's explicit images without their consent can result in sexual cyber harassment charges.
- Any contact involving a minor. Any adult who sexts with a minor or who sends explicit images to a minor can face serious felony cyber sex crime charges.
- Age misrepresentation by the other party. An adult who genuinely believes they are communicating with another adult may find that belief didn't protect them from prosecution if the other person was actually a minor.
What Cyber Harassment Charges Could You Face Under Florida’s Adult Sexting Laws?
When sexting occurs without one adult’s consent, Florida's sexual cyber harassment laws come into play. Under Florida Statute § 784.049, cyber harassment occurs when someone intentionally publishes or disseminates a sexually explicit image of another person without their consent and contrary to their reasonable expectation of privacy.
Publication doesn't only mean posting to a website. The statute covers images shared through social media, email, text message, peer-to-peer networks, and other messaging platforms.
The penalties are serious and can escalate quickly:
- First offense. A first conviction is a first-degree misdemeanor carrying up to a year in jail and a $1,000 fine.
- Second offense. A second violation escalates to a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
- Civil liability. Beyond criminal penalties, a victim can seek monetary damages by filing a civil lawsuit.
Depending on the circumstances, an individual may also face computer pornography charges.
What Defenses Are Available to Consensual Sexting Charges?
Being charged under Florida’s adult sexting laws is not the same as being convicted. Several defense strategies may apply depending on the facts of a case:
- Lack of intent. Sexual cyber harassment requires willful and malicious conduct with the purpose of causing emotional distress. Demonstrating that the sharing was accidental or served a legitimate purpose can undercut the prosecution's case.
- Consent. If the depicted person explicitly agreed to have the images shared in a particular way, that consent may serve as a defense. Documentation of that agreement matters and can help prove that the allegations are false.
- Age misrepresentation. While not a complete defense to charges involving a minor, evidence that the minor misrepresented their age can be relevant in plea negotiations and may affect how a case is resolved.
- Challenging the evidence. Our skilled sex crimes defense lawyers may be able to challenge the digital evidence being used against you. This could include questioning metadata, disputing device ownership, examining whether proper search warrants were obtained, or exposing gaps in the chain of custody for electronic records.
Why Legal Representation Matters in These Cases
Sex crime charges under Florida’s adult sexting laws carry consequences that extend far beyond any criminal sentence. A conviction can mean sex offender registration, housing restrictions, employment consequences, and long-term damage to personal relationships. When the stakes are this high, having our knowledgeable sex crime defense lawyers represent you from the start of your case is critical.
Board-certified criminal trial lawyer Robert Malove will take an aggressive, thorough approach to your defense. This includes scrutinizing how law enforcement and prosecutors handled your case to identify any constitutional violations, gathering and carefully evaluating all available evidence, and making sure you fully understand your legal options at every stage of the process. At the Law Offices of David Robert Malove, we’ll work tirelessly to help you achieve the best possible outcome in your criminal case.
