Sexting with a minor can lead to major issues and criminal charges at both the state and federal level because it may be considered child pornography.

In Florida, the age of consent for sexual acts is 18 years old. However, under Florida Statute 943.04354, the “Romeo and Juliet” provision allows a minor who is age 16 or 17 to legally consent to sexual activity with someone between the ages of 16 and 23. But that doesn’t mean teens have free reign to send lewd or sexual images of themselves.

Despite the allowance of older minors to engage in sexual activity with adults under 24, if an adult between 18 and 23 engages in sexting with a minor and receives nude or sexual photos, it can be considered possession of child pornography, thereby entering federal crime territory. Federal law considers child pornography anything below the age of 18, regardless of the age of consent in any given state.

Why does that matter for you if you’ve been catfished or tricked into receiving sexually explicit photos from someone you didn’t know was a minor? If you’ve received photos that were not of the minor, for example if they use photos of someone else stolen off the web, you may be in the clear. But, if you received photos of the minor without realizing or knowing their age, it could be trouble. That’s because the act of even possessing those photos on your device can implicate you in child pornography charges. Further, if the person who catfished you is unhappy that you no longer want to continue a relationship, they may be tempted to report you for the images they themselves sent you. The charge of child pornography is among the most serious a person can face and is a federal felony.

Under Florida law, sexual battery has a broad legal definition. In layman’s terms, sexual battery is what most people would refer to as “rape”. However, under Florida law, the crime covers any offense that is sexual in nature from rape to assault to deliberately and inappropriately touching another person without their consent. In other words, sexual battery is classified as the physical act of making offensive and unwanted contact with a person.

Sexual battery is a felony, and in some cases, depending on the age of the victim and whether or not any injuries were incurred as a result of the sexual battery, it is considered a capital crime and called capital sexual battery.

According to Fla. Stat. § 95.11(7); House Bill 133, Chapter 2015-133; s. 775.15 Time limitations; general time limitations; exceptions:

“Claims founded on alleged abuse, or incest, may be commenced at any time within seven years after the age of majority, or within four years after the injured person leaves the dependency of the abuser, or within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later. “For intentional torts based on abuse.”

Going a step further, H.B. 133:

“…provides that the act may be cited as the “43 Days Initiative Act.” This amends the statute of limitation law, s. 775.15, F.S., by extending the current statute of limitation time period for a first or second-degree felony sexual battery when the victim is 16 years of age or older and does not report the crime within 72 hours. The bill provides a statute of limitation of 8 years for these offenses instead of the previous 3 or 4 year time period. Under the bill, if a 16-year-old or older victim of second-degree felony sexual battery or an 18-year-old or older victim of first-degree felony sexual battery report the crime within 72 hours, current law is applicable and there is no time limitation for bringing a prosecution. The bill applies to any such offense except one already time-barred on or before July 1, 2015, meaning it applies retroactively to previously committed offenses as long as the statute of limitation has not run on these offenses prior to July 1, 2015.”

According to a study that examined instances of sexual assault on college campuses, researchers came to the conclusion that alcohol consumption by the perpetrator and/or the victim increases the likelihood of acquaintance sexual assault occurring through multiple pathways. Further, they concluded that alcohol’s psychological, cognitive and motor effects contribute to sexual assault.

This can be for multiple reasons. For example, a person who is drunk may have given consent to another drunk person but simply been unable to remember it. (It should be noted that whether consent is possible while intoxicated is a legal gray area in many cases.) Another reason is that alleged perpetrators may not be thinking clearly and may have misunderstood whether consent was given.

Further, studies have shown that alcohol enhances the misperception of sexual intent, sexual behavior, peer pressure, and aggression, while simultaneously decreasing one’s ability to resist and ability to rectify misperceptions. In other words, alcohol does exactly what we all know: it impairs both parties and muddies the waters of consent.

If you’ve been arrested for a sex crime, or any crime for that matter, the rest is a matter of public record. That means that prospective employers, home lenders, and rental unit owners might see sex crimes or other charges during a background check.

However, once the matter has been heard in court, if you’re found guilty there are only a few crimes that can be expunged or sealed.

In most felony cases, your record won’t be eligible to be expunged or sealed. Additionally, if you were convicted of a sex crime, you are disqualified from expungement. However, if you are a victim of human trafficking, you may actually have the opportunity to seal or expunge your record.

If you’re not convicted that doesn’t mean the arrest will disappear from your record. If the charges were dropped or you were found not guilty, you may be eligible to have the charge expunged.

You’ll need help from the best criminal lawyer in Tampa to make sure that all of the charges are expunged from your record if you’re found not-guilty. This will ensure that you are protected from potential prejudices from society and are not limited in your future opportunities.

Perhaps the most famous federal sex crime is one being charged to Josh Duggar. According to the U.S. Department of Justice:

“Section 2256 of Title 18, United States Code, defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age). Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor. Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.”

It’s important to note that the legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity. In fact, a picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive. Additionally, the age of consent for sexual activity in a given state is irrelevant; any depiction of a minor under 18 years of age engaging in sexually explicit conduct is illegal — that means that any sexually suggestive selfie sent during “sexting” activity can constitute child pornography.

A person who is convicted of knowingly possessing child pornography can be sentenced up to 10 years in prison or up to 20 years in prison if the minor depicted in the image is under the age of 12. A person who is convicted of distributing or receiving child pornography faces a 5 to 20 year prison sentence. If the person has prior convictions, the penalties will be higher.