Sexting
A minor's knowing electronic transmission, distribution, or qualifying possession of a nude photograph or video that is harmful to minors.
Florida Statute
§ 847.0141
Sexting; prohibited acts; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
This statute applies to minors. Confirm the conduct track, the material, the other person's minor status where required, and the person's prior sexting disposition.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
First Violation
F.S. § 847.0141(3)(a)
A minor's first violation of the sexting conduct in F.S. 847.0141(1).
Second Disposition
F.S. § 847.0141(3)(b)
A violation after the minor has been found to have committed a noncriminal sexting violation or has satisfied the authorized first-violation penalty in lieu of court.
Later Violation
F.S. § 847.0141(3)(c)
A violation after the minor has been found to have committed first-degree-misdemeanor sexting.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1OR — Alternative
Sexting conduct
The defendant was a minor and knowingly either transmitted or distributed to another minor a photograph or video depicting nudity that is harmful to minors, or possessed qualifying material sent by another minor without meeting all statutory reporting exceptions.
Plain language: Confirm that the person is a minor, the applicable transmission or possession track, the qualifying material, and the possession-track exceptions before selecting a disposition.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsImportant Definitions
Important Definitions
Harmful to minors
The statute uses the definition of material harmful to minors in F.S. 847.001; confirm that definition against the material at issue.
Possession-track exception
A minor does not violate the possession track if the minor did not solicit the material, reasonably reported it to a guardian, school, or law-enforcement official, and did not transmit or distribute it to a third party.
Additional Notes
Additional Notes
Quick Reference
Use the classification table to distinguish a first noncriminal violation from later first-degree-misdemeanor or third-degree-felony violations.
Important
Multiple transmissions, distributions, or possessions within the same 24-hour period are treated as a single offense under the statute. The statute also does not bar prosecution under another law when the material depicts sexual conduct or sexual excitement, or for stalking.
Classification
A first violation is noncriminal. A violation after the specified first disposition is a first-degree misdemeanor; a violation after a first-degree-misdemeanor sexting finding is a third-degree felony.