Sexting Crimes Involving Minors in Miami
Contents
Sexting Crimes Involving Minors in Miami
Sexting between minors has become a major issue in Miami and across Florida. While many teens view it as harmless, sexting can lead to serious legal consequences. This article provides an overview of Florida’s sexting laws, typical penalties, and defense strategies for minors facing charges in Miami.
What is Sexting?
Sexting refers to sending or receiving sexually explicit messages, images, or videos via cell phone or the internet. It often occurs between romantic partners, but can also happen between friends or acquaintances. Teens frequently sext as a way to flirt, bond with a partner, or gain approval from peers. However, once an explicit image is sent, the sender loses control over it and it can be widely distributed without their consent.
Florida’s Sexting Laws for Minors
Florida has enacted laws specifically prohibiting sexting between minors (under 18). Under Florida statute 847.0141, minors can be charged with sexting for knowingly transmitting or possessing nude images of other minors. This applies to images sent between two minors or from an adult to a minor.
Sharing explicit images of minors may also violate child pornography laws. Florida statute 847.0137 makes it a felony to electronically transmit or possess child pornography.
Penalties for Minors
- First offense – Non-criminal violation with penalties like community service, fine, or cyber-safety course[1].
- Second offense – First-degree misdemeanor punishable by up to 1 year in jail and $1,000 fine[2].
- Third offense – Third-degree felony with up to 5 years in prison and $5,000 fine.
- Child pornography – Third to second-degree felony with prison time depending on number of images.
Cases typically go through juvenile court, but minors 14+ can be transferred to adult court. Minors cannot be required to register as sex offenders for sexting or child porn. But these charges can still have major consequences like probation, driver’s license suspension, or detention.
Defenses for Minors Facing Sexting Charges
There are several possible defenses if a minor is accused of sexting:
- Did not solicit the images – The law provides a “safe harbor” if the minor did not ask for the photos.
- Took reasonable steps to report – A minor who reports the images to a parent, school, or police may avoid charges.
- Images were illegally obtained – Evidence obtained through illegal searches may be suppressed.
- Mistaken age – Reasonably believing the sender was 18+ may provide a defense.
- False accusation – If there is lack of evidence or motive to fabricate charges.
An experienced criminal defense attorney can evaluate the evidence and build the strongest defense to get charges reduced or dismissed.
Sexting Prevention Tips for Parents
Parents play a key role in educating teens about sexting risks. Consider having open conversations about:
- Dangers of losing control of explicit images.
- Pressure to sext from romantic partners or peers.
- How sexting can affect future education and job opportunities.
- That sexting is illegal for minors and can carry serious penalties.
- How to handle requests for explicit images and say no.
- Reporting sexts that make them uncomfortable.
Monitoring teens’ phone and internet use can also help enforce your expectations. While sexting may seem common among teens, it poses serious risks. Educating minors about Florida’s sexting laws, and being involved in their digital activities, can prevent dangerous legal situations.
Finding a Miami Criminal Defense Lawyer
If your child has been accused of sexting in Miami-Dade County, it’s critical to engage an experienced criminal defense attorney immediately. An attorney can advise you on the law, defense options, and how to protect your child’s rights. Consider lawyers like Pimentel & Castillo who specifically handle sexting and sex crime cases involving minors. Don’t let your teen go through the legal process alone. A knowledgeable lawyer can make all the difference in avoiding convictions and penalties that could follow them for life.