If you’ve been accused of sexting a minor in Florida, the consequences can be severe — even if you’re a teenager yourself or believed the recipient was over 18. In some cases, a single image or message can lead to felony charges, sex offender registration, and lasting damage to your future.
Whether you’re a teen, young adult, or parent navigating this situation in Fort Lauderdale or anywhere in South Florida, it’s critical to understand the law, the penalties, and how to defend yourself.
⚖️ Is Sexting Illegal in Florida?
It depends. Florida law draws a sharp line between consensual exchanges between minors, and any sexual communication involving an adult and a minor.
Relevant statutes include:
Fla. Stat. § 847.0141 — sexting between minors (misdemeanor)
Fla. Stat. § 847.0138 — transmitting harmful material to minors (felony)
Fla. Stat. § 847.0135 — computer solicitation of a minor (felony)
An adult sending sexually explicit messages or images to a minor — or receiving them — may be charged with:
Use of a computer to solicit or lure a child
Possession or distribution of child sexual abuse material (CSAM)
🧑⚖️ What If the Accused Is Also a Minor?
Florida has a tiered system for handling sexting between minors:
1st offense: Noncriminal violation (fine and school discipline)
2nd offense: 1st-degree misdemeanor
3rd or more: 3rd-degree felony
However, if photos or videos are sent, saved, or shared without consent — even by another minor — the charges can escalate dramatically.
🚨 Real-World Risk: Adult-to-Minor Sexting
If you are 18+ and the other person is underage — even by a few months — you may face:
Felony charges
Device seizures and forensic analysis
Jail or prison time
Permanent criminal record
Florida prosecutors take these cases extremely seriously, especially when initiated over apps like Snapchat, Instagram, Kik, or even AirDrop.
❌ Defenses to Sexting Allegations
At Michael White, P.A., we’ve defended clients accused of sexting, computer solicitation, and unlawful electronic communication. Some of the most effective defenses include:
Lack of knowledge about the recipient’s age
Entrapment or police impersonation
Consent and age closeness exceptions (in minor-to-minor cases)
No actual images were sent or received
No intent to engage in sexual conduct
Each case is different — and timing matters. Do not talk to police without a lawyer.
📍 What To Do If You’re Accused in South Florida
If police have contacted you, served a warrant, or seized your phone:
Do not answer questions.
Do not delete messages or apps.
Do not communicate with the alleged victim.
Call a criminal defense lawyer immediately.
In many cases, early intervention by an experienced attorney can prevent charges from being filed — or help resolve the case without jail time or registration.
📍 What To Do If You’re Accused in South Florida
❓ Can I be arrested for sexting if I'm only 18 and they’re 17?
Yes — Florida law makes no exceptions for small age gaps in most felony cases unless both parties are minors.
❓ Will I have to register as a sex offender?
Possibly — especially if you’re convicted of transmitting harmful material or solicitation of a minor.
❓ Can the case be dropped if the alleged victim lied about their age?
It’s possible, but not guaranteed. Florida does not always accept a “mistake of age” defense in sex crime cases.
❓ What if I never sent photos — just messages?
You can still be charged, depending on the content and intent of the messages.
❓ Do I need a lawyer even if I haven’t been arrested yet?
Yes. Early legal help can often stop a case from escalating or lead to a better outcome.