FL S0888

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

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

Second violation (after being found to have committed the noncriminal violation) is a first-degree misdemeanor punishable under Florida Statutes sections 775.082 or 775.083.

Third or subsequent violation (after being found to have committed a first-degree misdemeanor for sexting) is a third-degree felony punishable under Florida Statutes sections 775.082, 775.083, or 775.084.

Multiple photographs or videos transmitted within the same 24-hour period count as a single offense; the bill does not prohibit prosecution for material depicting sexual conduct, sexual excitement, or stalking.