Does your child have a cell phone? A smartphone? Stanford University reported in a 2022 study that 25% of children received phones by age 10.7, and 75% by age 12.6. Nearly all children had phones by the age of 15 years. By the end of the study, 99% of the kids had smartphones.i
Every kid with a cell phone also has a portable still camera and a video camera capable of recording and transmitting images of whatever they point the camera at. For young adolescents and teenagers, these devices are an invitation to engage in what has come to be called “sexting.”
Under Florida law, producing, transmitting, receiving, or possessing child porn, including photographs of intimate parts of a minor is illegal.
Images of simulated sexual acts or actual sexual activity involving a person younger than 18 is a serious offense which can eventually result in penalties including years in prison and registration as a sex offender.
Your child could be prosecuted for what they might think is a playful flirtation. A person aged 18 or older convicted under the obscenity or child abuse laws could face 15 years in state prison. Someone under 18 who is convicted of sexting is still liable for an offense. Repeat offenses carry up to 5 years in adult prison.
At Stechschulte Nell, Attorneys at Law in Tampa, we want every parent to understand the grave risk this kind of conduct poses to their child’s future. This blog post explains the Florida law relating to young people who engage in what the law considers to be child pornography. If you have questions or a child who is at risk of prosecution, contact the Stechschulte Nell Law Firm today.
Tweens and Teens Tempting Fate on Social Media
Young people who are naturally exploring their new adolescent feelings about sex don’t typically share their thoughts with their parents. Instead, they discretely test boundaries and follow their curiosity. When two teens become attracted two each other or begin to tease one another about sexuality, many share intimate photos.
Those intimate photos can be the basis of criminal child pornography charges if they meet the definition as the statute describes it.
What Is Child Porn in Florida?
Florida Statute 847.001 (16) defines child porn as any image depicting a minor engaging in sexual conduct. Sexual conduct includes intercourse, masturbation, lewd exhibition of genitals, actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or breast, with the intent to arouse or gratify the sexual desire of another.
While images of graphic sexual conduct involving another teen might be rare, it is more usual for teens to share images of exposed private areas or take selfies caressing intimate areas of their bodies over their clothes to arouse or gratify a romantic partner. These images could be stored in a smartphone, on a laptop or tablet, or transmitted and recorded over a live video feed during a FaceTime or Zoom session.
Teenage flirtation in the modern world? Perhaps. But the law could perceive the same activity as the producing, transmitting, receiving, or possessing child pornography.
Did Someone Share Images with Your Teenager?
Many young people who become involved in charges relating to child pornography received the images from friends who either generated the image or received it from someone else. Remember, the image merely needs to depict a minor exposing private body parts or even simulating sexual activity. If the image is shared with the intent to arouse or gratify the recipient’s sexual desire, criminal law could be triggered.
A typical scenario goes like this: A group of teenagers attends a house party where underage drinking occurs. Some of the teens pair off and may engage in kissing and petting. Another teen videotapes the activity and shares it the next day throughout the school. One of the recipients of the images shows a teacher or a parent and the episode becomes a scandal.
Teachers and school officials are “mandatory reporters,” meaning they can be criminally prosecuted if they fail to report child abuse (including a minor depicted in child porn images).
Police investigate and suddenly, what began as a mischievous night of teenage courting evolves into child porn charges against your son or daughter.
Florida Penalties for Teens and Minors Charged with Child Porn
If a person 18 years of age or older is prosecuted and convicted for child pornography possession, they face a minimal third-degree felony which carries up to 5 years in prison, a $5,000 fine, and registration as a sex offender for the rest of their life.
Depending on the nature of the images and the number of such images involved, charges could be brought as second-degree felonies carrying up to 15 years in prison, a $10,000 fine, and lifetime registration as a sex offender.
Minors Prosecuted for Sexting
Minors who are prosecuted under Florida child porn or obscenity statutes are allowed some lenience, for a time. Under the Sexting statute:
- 1st Offense – Minors who possess images of another nude teen face a noncriminal violation requiring them to sign a citation obliging them to appear in juvenile court. They can also agree to perform eight hours of community service and pay a $60 fine. If either of these alternatives is not satisfied within 30 days of the citation, additional sanctions can be imposed, including suspension of the minor’s driving license for 30 days.
- If the minor has multiple photos from a sexting episode, the photos will be considered a single charge if they were all received within 24 hours of one another.
- 2nd Offense – For a second offense, minors will be charged with a crime, a 1st-degree misdemeanor carrying a maximum penalty of 1 year in jail and a $1,000 fine. Conviction will result in a criminal record.
- 3rd Offense – A third sexting offense will result in a third-degree felony charge with a maximum penalty of 5 years in state prison and a $5,000 fine.
Read More > Can a Juvenile be Deemed a Sex Offender?
Florida Sex Crimes Defense
Stechschulte Nell, Attorneys at Law in Tampa represent minors who are charged with a range of juvenile offenses, including all sexting and pornography-related charges. As is their nature, young people make poor judgments and take risks they will later regret.
If you have a son or daughter who got caught up in a sexting or pornography investigation, contact Stechschulte Nell at 813-280-1244 today. We can help.
