Florida criminal charge
Sexting; prohibited acts; penalties in Florida
Sexting; prohibited acts; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 847.0141. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 847.0141.
What is the penalty for sexting; prohibited acts; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Sexting — first violation — A minor commits a first violation of subsection (1).; not a crime (s. 775.08(3)); no imprisonment or other penalty more severe than a fine, forfeiture, or other civil penalty (s. 775.082(5))) | discretionary | Fla. Stat. § 775.083 |
| Jail / prison | up to 1 year (Sexting — second violation (repeat after noncriminal violation) — A minor violates subsection (1) after having been found to have committed a noncriminal sexting violation or having satisfied the penalty imposed in lieu of a court appearance.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Sexting — second violation (repeat after noncriminal violation) — A minor violates subsection (1) after having been found to have committed a noncriminal sexting violation or having satisfied the penalty imposed in lieu of a court appearance.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Sexting — third or subsequent violation (repeat after misdemeanor) — A minor violates subsection (1) after having been found to have committed a misdemeanor of the first degree for sexting.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sexting — third or subsequent violation (repeat after misdemeanor) — A minor violates subsection (1) after having been found to have committed a misdemeanor of the first degree for sexting.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is sexting; prohibited acts; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexting — first violation | Noncriminal Violation | A minor commits a first violation of subsection (1). | Fla. Stat. § 847.0141(3)(a) |
| Sexting — second violation (repeat after noncriminal violation) | Misdemeanor of the First Degree | A minor violates subsection (1) after having been found to have committed a noncriminal sexting violation or having satisfied the penalty imposed in lieu of a court appearance. | Fla. Stat. § 847.0141(3)(b) |
| Sexting — third or subsequent violation (repeat after misdemeanor) | Felony of the Third Degree | A minor violates subsection (1) after having been found to have committed a misdemeanor of the first degree for sexting. | Fla. Stat. § 847.0141(3)(c) |
Common questions about sexting; prohibited acts; penalties in Florida
Is sexting; prohibited acts; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: sexting; prohibited acts; penalties ranges from a Noncriminal Violation to a Felony of the Third Degree in Florida under Fla. Stat. § 847.0141.
Sexting — first violation: Noncriminal Violation (Fla. Stat. § 847.0141(3)(a)) · Sexting — second violation (repeat after noncriminal violation): Misdemeanor of the First Degree (Fla. Stat. § 847.0141(3)(b)) · Sexting — third or subsequent violation (repeat after misdemeanor): Felony of the Third Degree (Fla. Stat. § 847.0141(3)(c))
What are the penalties for sexting; prohibited acts; penalties in Florida?
Which Florida statute covers sexting; prohibited acts; penalties?
Sexting; prohibited acts; penalties is governed by Fla. Stat. § 847.0141 (Sexting; prohibited acts; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.