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A second offense will result in a first degree misdemeanor and a third offense will result in a third degree felony.If an adult has been found sexting to a minor (under 18), the charge would become a sex crime classified as child pornography.

The sexting law does not grant any court jurisdiction over this matter.

Therefore, there is not one court in the state of Florida that currently has the authority to hear or prosecute a teen sexting case.

The sexting law is one hundred percent unenforceable.

Sexting is defined as various forms of transmitting nude or sexually graphic photographs by way of cell phones, computers, and other electronic devices.

Typically, sexting includes partially nude, nude, and/or sexually suggestive pictures of individuals of adults or teens.

While it is not a crime to participate in sexting between two adults, many states have made sexting between teens illegal.

According to Florida Statue 847.0141, created in 2011, any minor in the state of Florida is who caught creating, sending, or possessing nude photos of a minor, will be charged with a non-criminal civil violation.

Under this law, depending on the circumstances, a minor can be charged with a citation, first degree misdemeanor, or a third degree felony.

Punishment for a first offense will include a combination of a fine, eight (8) hours community service, and participate in educational cyber safety programs or classes.

Failure to comply results in the offender being held in contempt and will lose driving privileges for 30 consecutive days along with the prior punishment.

The offender also waives the right to contest the citation.

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