Broward DUI Lawyer Blog

In a turnaround from "tough on crime" legislation out of Tallahassee, lawmakers smartened up by decreasing the penalties against teens who are caught "sexting," a law that went into effect October 1.

Most lawmakers take an approach that increasing penalties is always the best move. They don't take into consideration the cost of incarceration, overcrowded prisons or even the people themselves who may have been caught up in a one-time bad situation. They think that it will impress voters if they introduce bills that make penalties steeper.

But for once they did the right thing. Rather than teenagers -- essentially older children who make bad mistakes with poor judgment calls -- being tried as adults and labeled sex offenders if they get caught "sexting" they will now be punished with much lower penalties.

Sexting in Fort Lauderdale has become a larger problem in recent years with the advent of phones that can do just about anything. With the ability to take pictures and instantly send them to others, it didn't take long for "sexting" to become popular. It is the action of taking and sending photos of nudity or sex acts and sending them via phone to others.

Under the previous law, the Sun Sentinel reports, teens could be charged with child pornography, a much more heightened charge that has long-term consequences. Fort Lauderdale criminal defense lawyers have seen many lives ruined because the state's antiquated laws punish teens as they would hardened criminals who have raped and committed heinous acts.

Under the old law, a teen who sent pictures of themselves nude to anyone else would be charged with creating and distributing child pornography. According to the law, this was treated the same as a person who has 200 videos of child pornography found on his or her computer. They would have to register as a sex offender, which stays in state and national databases forever.

Under the new law, the penalties are softer for teens:

• For a first offense, a violation is treated like a traffic ticket and is punishable by eight hours of community service or a $60 fine.


• Second offenses are considered misdemeanors, which can be punishable by probation, possible jail time, fines and fees.


• Third offenses are considered third-degree felonies, which can lead to five years of prison time.

While the law is still strict, it at least affords teens an opportunity to learn their lesson. The state has deemed it illegal and therefore there is punishment, but it's not punishment that results in a person's life being changed forever.

Like any crime, there are defenses to sexting cases. And while each case is different, an experienced Fort Lauderdale criminal defense lawyer should be consulted to look at what facts the state has against the accused.