Fort Lauderdale Sexting Lawyers: A Guide for Teens and Parents

Sexting – the sending of sexually explicit messages or images via cell phone – has become increasingly common among teens in recent years. While many view it as harmless fun, sexting can have serious legal consequences in Florida. That’s why it’s crucial for teens and parents in Fort Lauderdale to understand the laws around sexting and work with an experienced sexting defense lawyer if charges are filed.

An Overview of Florida’s Sexting Laws

Florida statutes define sexting as the transmission of nude or sexually explicit images by minors via electronic means. This includes sending, receiving, possessing, forwarding or even just showing sexually explicit photos to peers. Under Florida law, sexting is considered child pornography when images depict minors.

The state categorizes sexting offenses into two types:

• Simple Possession – Having a nude or sexually explicit image of a minor on your phone or other device. This is a 1st degree misdemeanor in Florida.
• Distribution – Sending or forwarding a nude or sexually explicit photo to others. This is a 3rd degree felony in Florida.

Penalties get harsher if the minor depicted is significantly younger than the accused. For example, possessing or distributing images of a minor under 16 when you are over 18 is a 2nd degree felony.

Florida also has strict revenge porn laws that prohibit distributing sexually explicit images of a person without their consent. While this law wasn’t designed for sexting cases, it’s sometimes applied.

Sexting Defenses Your Lawyer Can Raise

• Lack of Criminal Intent – You didn’t realize the pictures were illegal and you had no intent to break the law.
• False Accusation – Someone else sent the images from your phone without your knowledge.
• Unlawful Search – The police violated your rights by searching your phone without a warrant. Evidence from an illegal search can be thrown out.
• Selective Prosecution – You’re being unfairly targeted for prosecution compared to others who sexted.
• Romeo and Juliet Exemption – The age gap between you and the person depicted in the images is small, so charges can be reduced.

A skilled sexting lawyer will thoroughly investigate the facts of your case to determine the best defense strategy.

How Fort Lauderdale Sexting Lawyers Can Help

Being charged with sexting can be scary for teens and parents alike. But the right lawyer can guide you through the process and achieve the best possible outcome. Here’s how an experienced sexting attorney can help:

• Advise You On Your Rights – They’ll explain the law and your options so you can make informed decisions.
• Negotiate With Prosecutors – They can negotiate with the DA to get charges reduced or dropped completely.
• Suppress Evidence – If your rights were violated, they’ll file motions to get illegally obtained evidence thrown out.
• Raise Strong Defenses – They’ll craft the best defense strategy to fight the charges and protect your future.
• Avoid Sex Offender Registration – In many cases they can avoid the severe penalties of sex offender status.
• Provide Reassurance – An experienced lawyer will handle your case professionally and ease your worries.

Having an assertive lawyer in your corner can make all the difference. Don’t go it alone.

Talking to Your Kids About Sexting

As a parent, it’s crucial to have open and honest conversations with your kids about sexting. Here are some tips:

• Start Early – Discuss it before it’s an issue, ideally around age 12. Don’t wait until high school.
• Get Their Input – Ask about their experiences and what they think. Make it a two-way dialogue.
• Speak Calmly – Have the talk when everyone is calm. Don’t lecture or shame them.
• Share Real Stories – News stories of how sexting has impacted teens can get the message across.
• Explain the Law – Clearly outline the legal consequences so they understand the risks.
• Discuss Pressures – Talk about peer pressure to sext and how to stand up to it.
• Promote Self-Worth – Help them value themselves for who they are, not their bodies.
• Keep Lines Open – Check in regularly so sexting stays top of mind. They need reminders.

With education and empathy, parents can guide teens to make smart choices. But also reassure them that if they do make a mistake, you’ll be there to help them through it.

What To Do If Your Child Receives a Sext

When a teen receives a nude photo from a peer, they may not know how to respond. As a parent, advise them:

• Not to Forward It – Forwarding sexts can lead to child pornography charges.
• Not to Save or Screenshot It – Possessing sexts is illegal. Don’t store it.
• To Delete It – After showing you or a school counselor, delete it immediately.
• Not to Respond – Any response could be viewed as harassment. Avoid contact.
• To Tell a Trusted Adult – Let you, a counselor or police know they received unwanted sexts.
• Not to Blame Themselves – Make sure they know it’s not their fault someone sent them this.

While your teen’s instincts may be to gossip or shame the sender, explain that further distribution could make matters worse for both parties. The wisest course is discreetly seeking guidance from you or counselors. With your help, they’ll make it through this difficult situation.