Sexting is the shortened term for sex texting and involves sending sexually explicit messages or photos by text message or other electronic messaging system. Although sending sexually explicit messages or photos is generally legal between consenting adults (retransmitting them to others is not) it is a crime for adults or minors (under the age of 18, for example) to send indecent visual depictions (photos, videos, images) of themselves or others to minors. And it is a crime for minors to send indecent visual depictions of themselves to adults or to other minors.

These laws vary from state to state and violations may be prosecuted under statutes regarding the sending of obscene material to seduce a minor; distribution of harmful materials to a minor; distributing or displaying harmful or prurient material to a minor; child pornography laws; cyberstalking; revenge pornography; and harassment. Such laws may be prosecuted as a misdemeanor or as a felony, depending on the state and the specific circumstances of the alleged violation. Violations of these laws have serious consequences for adults and for minors, including potential jail or prison time and required registration as a sex offender.

Criminal offenses related to sexting are generally located in a state’s statutes—often in the penal or criminal code.

In Florida, sexting laws are designed to address the issues arising from the transmission of sexually explicit materials via electronic means. For adults, sending such materials to other consenting adults is typically legal, but sharing these materials without consent or sending them to minors is illegal. For minors, Florida Statute 847.0141 specifically addresses sexting among individuals under the age of 18. It is a crime for minors to send sexually explicit images to adults or to other minors. The first violation by a minor is considered a noncriminal violation, with subsequent violations escalating to misdemeanor or felony charges, depending on the circumstances. Adults caught sending indecent visual depictions to minors, or possessing such materials from minors, may face severe penalties under child pornography laws, which can include felony charges, imprisonment, and mandatory sex offender registration. The exact charges and penalties can vary based on the nature of the offense, the age of the individuals involved, and whether the accused has prior convictions.