The Birds and the Bees in the Era of Smartphones and Social Media
One of the more difficult discussions with your children involves the subject of sex. Unfortunately, that conversation is further complicated by technology and needs a few additional chapters when it comes to smartphones, social media and “sexting.” This is not an easy subject to write about and address, but these conversations have to happen.
Teenagers sending and receiving nude pictures, including sexually explicit pictures and videos, has become increasingly common. Nearly every new study finds the percentage of teens who send and receive sexually explicit pictures and or videos is on the rise.
There are commonly understood concerns, such as: once a picture is sent it cannot be un-sent, and if a picture makes it to the internet, “the internet never forgets” – it may never be fully removed. Equally important, however, are the possible legal ramifications involved in sending and receiving these types of images and videos.
Legal Consequences of Sexting
The State of Florida has partially addressed this issue through a sexting statute, but it has limited application. If the offender is under 18 and sends or receives a picture depicting only nudity, there is a progressive punishment that starts with a first offense non-criminal sanction including a $60.00 fine and eight hours of community service. The second offense is a 1st degree misdemeanor, punishable by a maximum of one year in jail and a $1000.00 fine. The third offense is a felony punishable by a maximum of 5 years in prison and a $5,000.00 fine.
In the event that more than one picture is involved, it may still be considered a single episode and a first offense, if the images were all sent or received within a 24-hour period. Because this statute involves only minors, it is possible that these cases could be handled in juvenile court, resulting in potentially no adult criminal record, and no incarceration, even on a second or third offense. It is very important to note that this statute only applies to minors and covers nudity only.
Legal Ramifications for Adults
Once an individual turns 18 years old, even if they are still in high school, they no longer fall under the current sexting statute in Florida. In addition, any images or videos, even if sent or received by minors, that involve sexual conduct (as opposed to nudity only) are not covered under the sexting statute. Sexual conduct is defined very broadly. For example, a person touching their own exposed breast could be classified as sexual conduct. Any images or videos of sexual conduct, or anything involving an exchange between someone over 18 and a minor, can lead to felony charges that can result in a conviction, incarceration, probation and a designation as a sex offender.
Sexual offender designation is very onerous and requires placement on a public registry. Someone who is designated a sex offender is required to provide all personal information, including phone numbers, emails and social media accounts. They are also required to notify the sheriff immediately if they move or go on vacation, in addition to checking in at least twice a year in person at the sheriff’s office. A sexual offender designation, and the requirements that go with it, will last for at least 25 years. Failure to follow all of the requirements is a new felony allegation that will often result in a prison sentence.
However, under Florida’s “Romeo and Juliet” law, a judge can eliminate the requirement to register a teenager as a sex offender if the parameters of the law are met. The ability to petition for this law is very strict and the request must be made at the time of sentencing unless sentencing occurred more than 12 years ago.
It is critically important that you talk to your teenagers about the dangers of sexting, not just from the potential embarrassment and humiliation, but from possible lifelong criminal consequences. If you need representation in this subject, or if you would like further explanation of these matters, Avera & Smith can help. Should you have any questions, please don’t hesitate to contact the attorneys at Avera & Smith.