FL S2560

A minor commits sexting if they knowingly use an electronic device to transmit or distribute to another minor a photograph or video of themselves depicting nudity that is harmful to minors as defined in Florida Statutes sections 847.001(6) and (9).

First violation is a noncriminal violation punishable by 8 hours of community service or a $60 fine, with possible court-ordered training or instruction in addition to or in lieu of these penalties.

Second violation after being found to have committed a noncriminal sexting violation is a second-degree misdemeanor; third violation is a first-degree misdemeanor; fourth violation is a third-degree felony.

The bill does not prohibit prosecution of a minor for other state law violations if the image includes depiction of sexual conduct or sexual excitement, nor does it prohibit prosecution for stalking under Florida Statutes section 784.048.

The act takes effect October 1, 2010.