Sexting is the shortened term for sex texting and involves sending sexually explicit messages or photos by text message or other electronic messaging system. Although sending sexually explicit messages or photos is generally legal between consenting adults (retransmitting them to others is not) it is a crime for adults or minors (under the age of 18, for example) to send indecent visual depictions (photos, videos, images) of themselves or others to minors. And it is a crime for minors to send indecent visual depictions of themselves to adults or to other minors.
These laws vary from state to state and violations may be prosecuted under statutes regarding the sending of obscene material to seduce a minor; distribution of harmful materials to a minor; distributing or displaying harmful or prurient material to a minor; child pornography laws; cyberstalking; revenge pornography; and harassment. Such laws may be prosecuted as a misdemeanor or as a felony, depending on the state and the specific circumstances of the alleged violation. Violations of these laws have serious consequences for adults and for minors, including potential jail or prison time and required registration as a sex offender.
Criminal offenses related to sexting are generally located in a state’s statutes—often in the penal or criminal code.
In Florida, sexting laws are designed to address the sending of sexually explicit messages or images via electronic means. For adults, sexting is generally legal when it involves consenting adults; however, it becomes illegal if such content is shared with minors or without the consent of the depicted person. For minors, it is illegal to send sexually explicit images of themselves or others, regardless of the recipient's age. Florida statutes categorize sexting between minors as a non-criminal violation for a first offense, with subsequent offenses escalating to misdemeanor charges. Adults caught sexting with minors, or distributing explicit images of minors, can face more severe charges, including felonies under child pornography laws. Penalties can range from fines and community service to imprisonment and mandatory sex offender registration, depending on the severity of the offense and the individual's criminal history. These laws are primarily found in Florida's penal code and are enforced to protect minors from exploitation and to prevent the distribution of child pornography.