He questioned me about pictures my ex husbands NEW girlfriend sent him (again 14 yrs).
“Sexting” is generally defined as electronically sending, receiving, or forwarding sexually explicit messages, photographs or images.
Consenting adults can lawfully share sexually explicit messages, photographs or images by and between one another, the only restrictions being that consent is necessary and the images cannot be of minors.
That said FL has a specific Sexting statute which is aimed at minors meaning anyone under 18 - and in FL a minor violates F.S. 847.0141 if s/he either 1) knowingly electronically transmits any obscene material to anyone else or 2) possesses any obscene material that was electronically transmitted to her / him.
It is a defense to possession of obscene material by a minor if the minor can prove that 1) s/he didn’t solicit the obscene material - meaning that it was sent without provocation, 2) that the minor reported receipt of the image to either a legal guardian, a school official or police and 3) if the minor did not redistribute the obscene material.
In FL “obscene material” is defined as anything that depicts nudity, sexual conduct, or sexual excitement when it “predominantly appeals to a prurient, shameful, or morbid interest, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and taken as a whole, is without serious literary, artistic, political, or scientific value for minors”, but a mother breast feeding is specifically excluded from this definition.
A first violation is a non-criminal infraction, a second violation is a 1st degree misdemeanor and a third or subsequent violation is a 3rd degree felony.
If you did not know the images existed and you were not a party to their transmission then you are a victim. However, if, as an adult, you knowingly provided sexually explicit images to a minor then you've opened a whole different can of worms.
Either way wishing you luck and hoping that I have been helpful in answering your question.
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