Sexting and cyberstalking are both technology-related offenses under Florida law, but they are distinct in their definitions and targeted conduct. The sexting law applies only to minors and penalizes transmitting sexually explicit images. The cyberstalking law targets harassing digital conduct by people of any age. However, in some circumstances, conduct described as sexting can constitute cyberstalking or other serious internet crimes. 

Florida law recognizes that sexting often involves consensual but ill-advised exchanges between teens. Florida Statutes § 847.0141 prohibits individuals under 18 years of age from sending or possessing sexually explicit images or videos through electronic means, such as text messages or social media. The prohibition covers any photograph or video depicting nudity that is considered harmful to minors. There is an exception for accidental receipt of material if the minor takes steps to report and delete it.

Penalties for a sexting conviction are as follows:

• First offense — Noncriminal violation; possible $60 fine or community service

• Second offense — First-degree misdemeanor; up to one year in jail and a $1,000 fine

• Third or subsequent offense, or possession of multiple images — Third-degree felony; up to five years in prison and a $5,000 fine

A first or second sexting offense does not result in mandatory sex offender registration, but a felony conviction might, depending on the nature of the material and other factors. 

Cyberstalking is defined in Florida Statutes § 784.048 as, “Engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” This statute applies to individuals of all ages. Cyberstalking may be aggravated by threats, intimidation, targeting of minors and other factors. 

Penalties for as cyberstalking conviction are as follows:

• Ordinary cyberstalking — First-degree misdemeanor; up to one year in jail and a $1,000 fine

• Aggravated cyberstalking — Third-degree felony; up to five years in prison and a $5,000 fine

Sexting can rise to the level of cyberstalking If digital sharing of explicit images evolves into harassment, such as repeated, unwanted messages, threats to distribute images (“revenge porn”) or using sexting as a means of intimidation. At this point, the prosecutor may pursue charges under § 784.048.

Adults might also be prosecuted for adult distribution or possession of child pornography, which carries much harsher felony penalties. If you or a family member is charged in Florida with any offense relating to use of the internet for illicit purposes, speak with an experienced cybercrimes attorney.

The Law Offices of Tad A. Yates, P.C. in Orlando represents Florida residents charged with cyberstalking, sexting or committing other online crimes. If you have questions or need representation, please call us at {PHONE) or contact us online anytime.