Florida Sexting Laws (2026 Guide)


Florida has established a specific, tiered legal framework for addressing sexting incidents involving minors, intentionally distinct from its severe child pornography statutes. Under Florida Statute § 847.0141, the state provides a system of penalties for minors who share explicit images that starts with non-criminal citations for first-time offenders. This “safe harbor” approach aims to educate rather than incarcerate teenagers for initial mistakes, preventing a lifelong felony record for adolescent errors. However, the leniency has strict limits: adults who sext with minors, or individuals of any age who commit “revenge porn,” face severe felony charges. Recent legislative updates in 2025, including the landmark “Brooke’s Law,” have further expanded protections against AI-generated deepfakes and non-consensual image sharing, reflecting the state’s aggressive stance on digital sex crimes.

This comprehensive guide explores the nuances of Florida’s sexting laws, the specific penalties for teens versus adults, the new 2026 landscape regarding Artificial Intelligence, and the critical defenses available to those accused.

Key Points

  • Specific Teen Sexting Law: Yes (Fla. Stat. § 847.0141)
  • Age of Majority: 18 years old
  • First Offense (Minor): Non-criminal citation (community service)
  • Second Offense (Minor): First-degree misdemeanor
  • Revenge Porn Law: Yes (Fla. Stat. § 784.049)
  • AI/Deepfake Laws: Expanded in 2025 (“Brooke’s Law”)

Penalties at a Glance

  • First Offense (Minor): 8 hours community service, $60 fine
  • Second Offense (Minor): Up to 1 year jail, $1,000 fine
  • Third Offense (Minor): Third-degree felony
  • Revenge Porn (Adult): First-degree misdemeanor or Felony

Table of Contents

Florida Teen Sexting Law (§ 847.0141)

In 2011, recognizing that applying child pornography laws to teenagers sexting each other was creating unjust outcomes, Florida enacted Florida Statute § 847.0141. This statute serves as a diversionary framework, specifically targeting “Sexting; prohibited acts; penalties” for minors. It applies exclusively to defendants who are under 18 years of age at the time of the offense.

A minor violates this statute if they knowingly:

  • Use a computer or any electronic device to transmit or distribute to another minor any photograph or video of any person that depicts nudity.
  • Possess a photograph or video of any person that depicts nudity on a computer or electronic device, if the minor transmitted or distributed the image to another minor.

Definition of Nudity

Understanding what constitutes “nudity” is vital, as it is broader than some might expect. The statute references the definition in Fla. Stat. § 847.001(9), which includes:

  • The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering.
  • The showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
  • The depiction of covered male genitals in a discernibly turgid state.

This definition means that images which might be considered “racy” but not explicitly pornographic (such as a photo of buttocks in a thong) could potentially fall under this statute depending on the interpretation of “fully opaque covering.” However, the law specifically requires the depiction of nudity, distinguishing it from general “lewdness.”

Intent and Knowledge

The statute requires that the minor “knowingly” engage in the conduct. This mens rea (mental state) requirement is crucial. It protects minors who may have accidentally forwarded a file or who had files automatically downloaded to their device without their active participation. However, once a minor actively selects and sends the file, the “knowingly” element is generally satisfied.

Penalties for Teen Sexting

Florida utilizes a “three strikes” tiered system for minors found in violation of § 847.0141. The legislative intent is clear: prioritize education and rehabilitation for first-time offenders, but impose escalating criminal sanctions for repeat behavior.

First Offense: Non-Criminal Violation

A first offense is treated as a non-criminal violation, legally comparable to a traffic ticket rather than a crime. This is the most significant aspect of the law, as it prevents a criminal record for a first mistake. The penalties include:

  • Citation: A law enforcement officer issues a citation rather than making a custodial arrest.
  • Community Service: The minor must complete 8 hours of community service.
  • Civil Penalty: A $60 fine.
  • Cyber-Safety Education: Participation in a cyber-safety program approved by the Department of Juvenile Justice. This program typically covers the legal, social, and emotional consequences of sexting.

The minor must sign and accept the citation. If they fulfill these requirements, the case is closed without any adjudication of guilt or delinquency.

Second Offense: Misdemeanor

A second violation indicates a failure to learn from the first intervention and escalates to a criminal offense:

  • Classification: First-degree misdemeanor.
  • Penalties: Up to 1 year in a juvenile detention facility (or jail if charged as an adult, though rare for this offense) and a fine of up to $1,000.
  • Additional Consequences: The court may order the minor to undergo counseling at their own expense and can impose a driver’s license suspension.

Third or Subsequent Offense: Felony

A third violation is treated as a serious felony offense, placing the minor in legal jeopardy similar to adult offenders:

  • Classification: Third-degree felony.
  • Penalties: Up to 5 years in prison and a fine of up to $5,000.
  • Long-term Impact: A felony conviction can have lifelong consequences for employment, housing, and civil rights, including the loss of the right to vote or own a firearm until rights are restored.

Sexual Cyberharassment (Revenge Porn)

Florida addresses “revenge porn”—the non-consensual distribution of intimate images—under Florida Statute § 784.049, titled “Sexual Cyberharassment.” This law applies to offenders of all ages and is distinct from the sexting statute.

To be charged with sexual cyberharassment, the state must prove five distinct elements:

  1. The defendant willfully and maliciously published a sexually explicit image of another person.
  2. The image was created with the consent of the depicted person or was part of a consensual relationship.
  3. The depicted person had a reasonable expectation of privacy regarding that image.
  4. The publication was made without the depicted person’s consent.
  5. The publication caused substantial emotional distress to the depicted person.

Penalties for Sexual Cyberharassment

  • First Offense: First-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
  • Subsequent Offense: Third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
  • Aggravating Factors: If the offender has a prior conviction for a similar offense, or willfully violates a court order protecting the victim (such as a restraining order), the charge is automatically elevated to a third-degree felony.

Civil Remedies

Beyond criminal penalties, § 784.049 explicitly allows victims to sue the offender in civil court. A victim can recover damages for:

  • Pain and suffering (emotional distress).
  • Economic losses (e.g., lost wages, cost of therapy).
  • Punitive damages (to punish the offender).
  • Attorney’s fees and court costs.

This civil provision is a powerful tool, as it allows victims to seek financial compensation even if the criminal case does not result in a conviction.

AI and Deepfake Laws (2025 Updates)

As technology evolves, Florida has been at the forefront of legislating against digital sex crimes involving Artificial Intelligence (AI). The 2025 legislative session saw major updates to address “deepfakes.”

“Brooke’s Law” (HB 1161 – 2025)

Named after a victim of digital exploitation, “Brooke’s Law” was signed into law in 2025 to enhance protections against AI-generated abuse. Key provisions include:

  • Platform Accountability: The law requires social media platforms and websites (“covered platforms”) to establish clear, accessible, and swift processes for the reporting and removal of non-consensual explicit imagery.
  • Mandatory Removal: Platforms must remove reported content within a specified timeframe (often 24-48 hours) upon receiving a valid report. Failure to do so can result in significant fines for the platform.

AI-Generated Child Sexual Abuse Material (CSAM)

Effective October 1, 2025, Florida updated its definitions of child pornography to explicitly include AI-generated depictions. It is now a felony to use AI to “nudify” (digitally remove clothing from) or create sexualized images of a minor, even if the image is entirely synthetic. The law treats these “virtual” crimes with the same severity as crimes involving real photographic evidence, closing a loophole that previously existed for computer-generated imagery (CGI).

Child Pornography Laws

It is crucial to understand that the teen sexting statute (§ 847.0141) is a narrow exception. If a minor’s conduct falls outside that specific exception—or if an adult is involved—Florida’s standard child pornography laws apply. These are among the strictest in the nation and carry mandatory minimum sentences.

Possession and Promotion

Under Fla. Stat. § 847.0135 (Computer Pornography) and § 847.0138:

  • Possession: Simply possessing fewer than 10 images of child pornography is a third-degree felony (up to 5 years prison). Possessing 10 or more images escalates the charge to a second-degree felony (up to 15 years prison).
  • Transmission/Distribution: Sending even a single image of child pornography is a second-degree felony (up to 15 years prison). This applies regardless of whether money changed hands.

Mandatory Minimums

Florida law often imposes mandatory minimum prison sentences for these offenses. For example, convictions involving the production of such material can carry minimum terms of 15, 25, or even life imprisonment, depending on the severity and the age of the child depicted. This highlights the extreme danger of stepping outside the “safe harbor” of the teen sexting statute.

Federal vs. State Jurisdiction

Sexting and child pornography are dual-jurisdiction offenses, meaning they can be prosecuted by either the State of Florida or the Federal Government. While most local teen sexting cases are handled by state authorities, federal agents (FBI, Homeland Security) often get involved if:

  • The images were transmitted across state lines (interstate commerce).
  • The internet was used to transmit the images (which is almost always the case).
  • The case involves a large number of images or multiple victims.
  • An adult is soliciting minors online.

Federal penalties are often even more severe than state penalties, with federal child pornography possession carrying a statutory maximum of 10-20 years per count, and distribution carrying a mandatory minimum of 5 years (up to 20). The existence of Florida’s § 847.0141 does not bind federal prosecutors, though federal policy generally defers to state prosecution for minor-on-minor sexting cases that lack aggravating factors.

Adults Sexting With Minors

An adult (18 years or older) who sends explicit images to a minor, or solicits explicit images from a minor, cannot use the teen sexting statute as a defense. They face prosecution under multiple felony statutes:

  • Transmission of Harmful Material to a Minor (§ 847.0138): It is a third-degree felony to knowingly distribute any material “harmful to minors” (explicit content) to a specific individual known to be a minor.
  • Computer Pornography (§ 847.0135): Using a computer to solicit a minor for sexual conduct or to exchange explicit images constitutes a felony.
  • Lewd or Lascivious Offenses: Depending on the content and interaction, charges can include Lewd or Lascivious Battery or Molestation (if physical contact occurs) or Solicitation.

There is no “Romeo and Juliet” exception for the transmission of pornography. Even if an 18-year-old is dating a 17-year-old, sending explicit images can technically violate these statutes, although prosecutors may exercise discretion.

School and Civil Consequences

Beyond the courtroom, students involved in sexting face immediate and severe consequences at school.

School Board Policies

Most Florida school districts adhere to the “Zero Tolerance” policies mandated by Fla. Stat. § 1006.13. If sexting occurs on school property, during school hours, on a school bus, or using school Wi-Fi/devices:

  • Suspension: Out-of-school suspension is common (often 10 days).
  • Expulsion: Serious cases, especially those involving distribution or bullying, can lead to expulsion.
  • Alternative School: Students may be reassigned to alternative disciplinary schools.
  • Athletics: Student-athletes may be removed from teams for violating codes of conduct.

Title IX Investigations

If the sexting is non-consensual or creates a “hostile environment,” schools are federally required under Title IX to investigate it as sexual harassment. This is a separate administrative process from the criminal investigation and can result in disciplinary action even if the police do not press charges.

Legal Defenses

If charged with a sexting-related offense, several defenses may be available. These are highly fact-specific and require a skilled attorney to argue effectively.

Lack of Knowledge / Intent

For many offenses, the state must prove the defendant “knowingly” possessed or transmitted the material.

  • Automatic Downloads: Apps like WhatsApp often save media to the camera roll automatically. If a defendant can prove they never viewed or distributed the file, they may argue lack of knowledge.
  • Unsolicited Receipt: If a person received an image unsolicited and did not view, save, or forward it, they may argue lack of intent.

Prompt Deletion (Fact of Defense)

While Florida does not have a codified “safe harbor” for prompt deletion like Texas, it acts as a powerful factual defense. If a minor receives an unsolicited image and immediately deletes it without showing it to anyone, it becomes very difficult for the state to prove the criminal intent (“mens rea”) required for a conviction. It also demonstrates a lack of “possession” in a meaningful legal sense.

Age of the Defendant

For the § 847.0141 teen sexting statute to apply, the defendant must be a minor at the time of the offense. If the defendant is 18 or older, they face standard adult felony charges. Proving the defendant’s age is a procedural necessity for the state to seek adult penalties.

First Amendment (Limited)

While the First Amendment protects speech, it does not protect child pornography or obscenity. However, in cases involving “revenge porn” or artistic depictions, constitutional arguments regarding free speech and expression can sometimes be raised, though they are complex and rarely successful in pure CSAM cases.

Juvenile Records and Sealing

One of the primary benefits of the teen sexting citation system is avoiding a criminal record. However, if a case proceeds to court, understanding record sealing is vital.

  • Juvenile Diversion: First-time juvenile offenders are often eligible for diversion programs. Upon successful completion, the charges are dropped (nolle prosequi).
  • Expunction: Florida allows for the expunction (destruction) of certain juvenile records. If a minor completes a diversion program for a misdemeanor and has no other criminal history, they may be eligible to have the record expunged.
  • Automatic Expunction: Under Fla. Stat. § 943.0515, some juvenile records are automatically expunged when the offender reaches age 21 or 24, provided they have not committed subsequent adult crimes. This does not apply to serious sexual felonies, which is why keeping the charge as a § 847.0141 violation is so important.

Frequently Asked Questions

Is sexting a felony in Florida?

It depends on the offender’s age and history. For minors, a first offense is a non-criminal violation, and a second offense is a misdemeanor. A third offense is a felony. For adults sexting with minors, or for anyone possessing child pornography outside the teen exception, it is a felony. Consensual sexting between adults is legal, provided the content is not non-consensual “revenge porn.”

Do I have to register as a sex offender for teen sexting?

Generally, no. A citation or even a misdemeanor conviction under § 847.0141 does not typically trigger Florida’s sex offender registration requirements. However, if a minor is charged as an adult or convicted of more serious felony child pornography charges (§ 847.0135 or § 847.0138), registration could be required.

What if the image was AI-generated?

As of 2025, Florida law explicitly covers AI-generated images. Creating or distributing a deepfake that depicts a minor in a sexual manner is treated with the same severity as actual child pornography. Additionally, using AI to “nudify” an adult without consent violates the sexual cyberharassment statutes.

Can parents be held liable for their child’s sexting?

Parents are generally not criminally liable for their child’s sexting unless they actively facilitated it. However, they could face significant civil liability. If a victim sues for damages (emotional distress, invasion of privacy), the parents of the minor offender are often the ones financially responsible for legal defense and any settlements.

What counts as “distribution” of an image?

Distribution is defined broadly. Sending an image via text, AirDrop, Snapchat, Instagram DM, Discord, or email counts. Crucially, even showing an image on your phone screen to another person in the hallway can be considered “publishing” or distributing under certain legal interpretations.

Can the police search my phone without a warrant?

Generally, no. The police usually need a warrant to search a cell phone, even in schools. However, school administrators have a lower burden of proof (“reasonable suspicion”) and may be able to search a student’s phone if they have reasonable grounds to believe it contains evidence of a rule violation.

What to Do If Charged

If you or your child receives a citation or is arrested for sexting, immediate action is required to protect your rights and future.

Do:

  • Take it seriously: Even a “citation” is a legal matter that requires proper handling to ensure it doesn’t become a record.
  • Contact an attorney: Consult with a lawyer experienced in juvenile defense and sex crimes immediately. Do not try to handle it alone.
  • Preserve evidence: Do not delete everything immediately if an investigation has started, as this could lead to “Tampering with Evidence” charges. Let your lawyer guide you on data management.

Do Not:

  • Talk to the police: Exercise your right to remain silent until your attorney is present. Police are trained to extract confessions that can be used against you.
  • Contact the victim: Do not try to “explain,” apologize, or ask them to delete the images. This can be viewed as witness tampering or harassment.
  • Post about it online: Keep the matter private. Social media posts can be used as evidence of intent or lack of remorse.

Resources

Legal & Support

Educational

  • NetSmartz – National Center for Missing & Exploited Children resources for parents and teens.
  • Common Sense Media – Guides on digital citizenship and safety.
  • StopBullying.gov – Federal resources on cyberbullying prevention.

This article provides general legal information about Florida sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges or need legal guidance, consult with a qualified Florida criminal defense attorney.

Last updated: February 2026

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