A man is using his smartphone.Finding out you’re facing a Fort Lauderdale Sexting charge can cause a lot of anxiety, but the experienced South Florida sexting lawyers at Rossen Law Firm are here to guide you through the criminal process and protect your rights. Contact our firm today to discuss your situation with seasoned legal counsel.

What is a Sexting Crime?

Sexting is when someone sends nude or sexually explicit images or videos through any electronic device. The term “sexting” comes from the idea of texting sexually explicit images. Generally, two consenting adults taking part in these exchanges would not have any legal trouble. 

In Florida, however, minors involved in sexting are considered to be committing a crime.

This state is one of a handful of states that have enacted legislation specifically addressing teen sexting. The law offers prosecutors a charging option that allows minors (those younger than 18) to avoid a felony record and sex offender registration.

Legally speaking, teens may take part in exchanging sexual messages over smartphones; sending nude images, videos of sexual activity and trading details through the media may lead to criminal charges in Florida. But the real issue comes into place when, and if, these are shared.

Sharing (redistributing) any sexually explicit images or videos could constitute child pornography based on the age of the individual in the image or video. What may seem like a ‘harmless text’ can mean stiff criminal consequences. If you share an image with a friend, or text it to someone else, it could spell serious consequences. 

As an attorney serving South Florida can further explain, if someone does not report the image and engages in the activity, he or she may also become involved in the sexting charges just by being an observer. Some penalties may serve to curb future behavior through re-education in sending and receiving messages with pictures. 

Child pornography includes photos, videos, exhibitions, shows, representations, images, data files, computer depictions, or other presentations that includes any sexual conduct by a child (someone under 18 years old).

[FLA. STAT. § 775.0847 (2019)]

Sexting refers to the sharing of nude or sexually explicit images with others through the use of phones, the Internet, or other communication devices. Consenting adults don’t typically commit crimes when they sext, but teens (many of whom are minors) who sext can face significant potential consequences. Particularly if the sender is a minor, and the receiver and/or the sharer of the images is not a minor.

States have taken various approaches to address teen sexting. Some states have put laws prohibiting sexting between minors in place. 

These laws tend to have penalties that aren’t as severe for when two minors sext each other, as opposed to as when an adult sexts with a minor. Others punish sexting under preexisting laws against child enticement and child pornography, which often have harsh penalties.

CONSEQUENCES OF SEXTING IN FORT LAUDERDALE

In Florida, Sexting is a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. Third violations can be punishable with a felony of the third degree, up to 5 years of prison, and a $10,000 fine.

Consequences of Sexting Between Minors

When sexting occurs between two South Florida minors, the first offense usually carries charges of a non-criminal nature. Typically, a minor committing the crime of sexting goes through the juvenile justice process. Penalties include a fine of up to $60 and 8 hours of community service.

A second teen sexting offense, with the same individual, however, may lead to further problems – such as criminal misdemeanor charges and worse sentencing guidelines. Second violations are considered first-degree misdemeanors, with penalties of up to 1 year in jail and a $1,000 fine. 

For a third or further teen sexting charge, the person passes the misdemeanor and enters felony territory with possible imprisonment. In these situations, the convicted person may be required to register as a state sex offender for the rest of his or her life; this makes it vital to enlist the help of an expert sexting defense attorney as soon as possible.

SEXTING DEFENSE ATTORNEY IN SOUTH FLORIDA

If you or a loved one is facing a sexting charge in Fort Lauderdale – you’ve come to the right place. The South Florida sexting lawyers at Rossen Law Firm have extensive experience providing a compassionate and effective defense to local sex crimes.

Facing a sexting charge is difficult enough. The last thing you need is someone judging you for it. At the Rossen Law Firm, we guarantee a judgment-free zone where your respect and dignity are our top priority. Contact us today to get started.

Possession of Sexting Defenses in Florida

  • Adult Depiction: It is a defense to the crime of Possession of Child Pornography that the images in question are entirely of persons over the age of 18 years of age, even if one or more of the persons depicted appear to be minors.

  • Child Erotica: Child pornography can be distinguished from child erotica which is not “sufficiently lascivious to meet the legal definition of sexually explicit conduct.” It is a defense to the crime of Possession of Child Pornography if the images of the minors depict erotica, as opposed to pornography.  

  • Transitory Possession: Sometimes, people are unwittingly sent an image of child pornography, but immediately delete the image once they realize the illegal nature of the image. However, a thumbnail image may still exist on the person’s device or the image may still be in a memory cache even though the main image was deleted. In this scenario, the image was unintentionally viewed and any remaining thumbnail or memory cache image was not knowingly stored. The transitory possession of an image under these circumstances would be a defense to Possession of Child Pornography.  

Free Sexting Criminal Defense Strategy Session in South Florida

We handle sexting cases of all types. We know how to assess your legal situation and provide you with a personalized and aggressive defense to your criminal charges. 

Contact our office if you’re facing sexting charges. We’ll listen to your story, discuss the best course of action for you, and see what resources may help you. The Rossen Law Firm understands bad things happen to good people.

We offer FREE strategy sessions so you know how we’ll work to get the best possible outcome for your case.

HOW WE WIN LOCAL SEX CRIMES CASES 

Get Your Free Download Instantly
The Client All Agree Rossen Law Firms’s 5- Stars Rated Attorneys
Instant Download
7 Reglas Que Necesitas Saber Para Sobrevivir A Un DUI en Florida
EN ESTE REPORTE GRATIS DESCUBRIRAS EL ERROR #1 AL HACER LA PRUEBA DE SOBRIEDAD, LA VERDADERA RAZÓN PORQUE LA POLICÍA QUIERE ARRESTARTE Y MUCHO MÁS…
Instant Download
7 Rules You Need to Know to Survive a Florida DUI
IN THIS FREE REPORT YOU’LL DISCOVER: THE #1 MISTAKE PEOPLE MAKE ON THE FIELD SOBRIETY TESTS THE REAL REASON THE POLICE ARE DYING TO ARREST YOU… AND WAY MORE…
Instant Download
Florida Domestic Violence
HOW WHAT HAPPENS IN THE HEAT OF THE MOMENT CAN HAVE TERRIBLE LEGAL CONSEQUENCES FOR EVERYONE INVOLVED
Instant Download
South Florida Sexting Lawyer
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
STEP1
We Listen to Your Story
STEP2
We Educate You
STEP3
We Create a Unique Defense Strategy
Schedule Your
Free Strategy Session

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
    js_loader
    super-lawyers-2021
    500
    national-trial-lawyers
    national-association-distinguished-counsel
    florida-trends-legal-elite
    american-institute-criminal-law-attorneys
    rated-by-super-lawyers
    avvo-rating-superb-criminal
    avvo-rating-superb-dui
    av-preeminent
    av-preeminent-2017
    superior-dui-attorney
    american-assoc-attorneys
    rising-stars-serra-jovenich
    super-lawyers-rising-stars
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    How We Win
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.