FL H0075

A minor commits sexting if they knowingly use an electronic device to transmit or distribute to another minor any photograph or video depicting nudity that is harmful to minors.

A minor commits sexting if they knowingly possess a photograph or video of nudity transmitted by another minor that is harmful to minors, unless they did not solicit it, reported it to a guardian or school/law enforcement, and did not share it with others.

Multiple photographs or videos transmitted or possessed within the same 24-hour period constitute a single offense.

First violation is a noncriminal violation punishable by 8 hours of community service or a $60 fine; second violation is a first-degree misdemeanor; third violation is a third-degree felony.

The law does not prevent prosecution for images depicting sexual conduct or sexual excitement, or for stalking charges; effective date is October 1, 2011.