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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16391
Experience:  Licensed experienced Attorney
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We live in Florida where first time teen sexting is not a criminal

Customer Question

We live in Florida where first time teen sexting is not a criminal offense. My foolish 16 year old son and his equally foolish 16 year old female friend sexted one another. The incident occurred while he was using apps on his cell phone from within our home. The phone is under my name, but is exclusively used by him. We are about to talk to the police regarding this incident. It was brought to our attention because the girl's parents contacted the police. I will not obstruct justice, but I also want to protect my juvenile son. Should I see a lawyer about what to do with his cell phone before visiting the police or should I simply hand it over to law enforcement if they ask for it?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** am a Florida licensed attorney and I will be happy to answer your question. I am sorry to hear about this unfortunate situation. Unfortunately, anytime any sexually explicit image of a minor child under 18 is send via text message, such would constitute a felony sex offense of distribution of child pornography, both under state and federal law and the penalties for such crime include potential incarceration, fines and a lifetime registration as a sex offender, so it is essential not to make any statements to the police or any other law enforcement agents, without first hiring an experienced local attorney who specializes in sex crimes and to have this local attorney present during any questioning / interrogations and to closely follow this local attorney's advice and directions. I wish you the best of luck!
Customer: replied 1 year ago.
I thought FL law was clear on this matter - teens sexting to one another for the first time is NOT a criminal offense.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up. I am not sure where you got this information, but it is simply incorrect. Sending sexually explicit images of minor children by electronic means, is a felony sex crime, both under Florida and Federal law and that is why police is conducting criminal investigation related to this matter. I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
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Thank you.
Expert:  Alex J. Esq. replied 1 year ago.
Please let me know if you have any related follow up questions and if not, please positively rate my answer, so I can receive credit for my work.
Thank you.
Customer: replied 1 year ago.
I am very confused. I have recieved conflicting information from lawyers. Your characterization of my juvenile son's possible legal trouble is vastly different from what a local FL attorney told his mother. She was told a juvenile convicted of a first time sexting offense faces a $60 fine or 8 hours of community service.
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.
I have provided you with correct and accurate general legal information about the issue in question.
Many attorneys would say or promise anything, just to sign up a client and to get paid, so I would suggest for the alleged suspect parents to consult with an experienced and established local criminal defense attorney who specializes in sex crimes.
You can find an experienced and skilled local criminal law attorney by using this established and reputable attorney information / referral websites:
www.lexmundi.com
www.martindale.com
www.lawyers.com
www.legalmatch.com
When, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to criminal law and specializes in sex crimes, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter will be heard.
I wish you the best of luck!

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