Florida passed a statute in 2011 that prohibited minors from sexting — sending each other nude photographs of themselves or others. First violations would be considered civil infractions which, if the minor in question were to be convicted, would carry the penalty of community service and a $60 fine. Second and third offenses would be handled as a misdemeanor and felony, respectively.
The problem is, in Florida, courts do not hear civil cases involving minors, so sexting teens cannot be prosecuted under this law. Which means there technically can’t be a first offense, without which there can’t be a second or a third.
The legal fail was brought to light when state prosecutors had a recent case thrown out of court, in which a minor female sent a nude picture of herself to a classmate because she was “bored.” Florida lawmakers will, presumably, make small changes to the statute soon, according to Slate.
Teen sexting is an issue rubbing lawmakers in several states the wrong way lately. According to do.something.org, eight states have enacted legislation that seeks to protect minors from sexting. For example, in Pennsylvania it’s illegal for a minor to share nude images of anyone between the ages of 12-17. Sending or receiving “sexts” will result in a misdemeanor for a minor in that state (and a felony for anyone over the age of 18.)
In one recent case in Illinois, three male high school students were caught distributing nude pictures of a freshmen girl. They’re facing felony charges of distribution of child pornography, after the girl’s parents and the school got involved.
