Florida Sexting Law Signed by Gov. Rick Scott

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm provides an update on legislation regarding Sexting.

Issue:

Sexting is the act of sending sexually explicit messages, photographs, or videos primarily between
mobile phones but can include any type of electronic transmission.

Until recently, juveniles in Florida could be arrested and charged with child pornography (a felony) for engaging in Sexting.  Legislation including HB 75 has been sponsored by Florida Representatives to reduce the consequences for children who engage in Sexting and has thus become known as the “Sexting Bill.”




Why This Matters To You:

After being delayed and bounced between the Florida House and Senate, Gov. Rick Scott finally signed the Sexting bill into law on June 21, 2011.

The new Florida law eases punishments on minors charged with Sexting.  Under the new law, first-time violations for minors come with a $60 fine or 8 hours of community service.  Additional violations carry stricter penalties.  A second offense is considered a first-degree misdemeanor under the new law.

While the new law sets the crime of Sexting in the proper context and provides more appropriate consequences for minors, it is still a crime.  Additionally, subsequent offenses carry harsher penalties that can result in serious criminal charges for juveniles.

What To Do Next:

If your child has been charged with Sexting, contact a St. Petersburg Juvenile Sexual Offenses Attorney to discuss possible defenses and specific strategies that may exist in your child’s case.  Call the Morris Law Firm at 727-388-4736 to discuss your child’s case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in Juvenile crimes and representing First Time Criminal Offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Even Apple Takes Juvenile Sexting Seriously – Effects in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how the rise of Sexting (a felony charged as child pornography in the State of Florida) has caused Apple to patent a mechanism to keep Juvenile iPhone users from getting in trouble.

Issue:

Sexting is the act of sending sexually explicit text messages and / or multimedia messages (photos, videos) via cell phones or computers (or other electronic mechanism).

A recent national study showed one in five teenagers have sent sexy text messages with racy photos.

Sexting has become so prevalent that Apple has recently had a patent approved which the media has dubbed, “the anti-sexting patent.”  While the patent focuses on providing parental controls over language sent and received via text message, it seems reasonable that the technology could be expanded to cover photo messages in the foreseeable future.

Why This Matters To You:

Apple takes the issue of Sexting seriously enough to file for a patent on “anti-sexting technology” for their iPhone and other devices.  They are right to take this issue seriously as under the current law a minor caught Sexting with his or her peers may be guilty of child pornography, a felony in the State of Florida.

Even though most understand that Sexting is by and large youthful bad behavior, the State of Florida recognizes it as child pornography, a felony punishable by jail time and potential registration as a sex offender.  Felony criminal charges can have a painful effect on a youthful offender as it can affect their future including academic and employment opportunities, not to mention short term punishments and sanctions imposed by the Florida Juvenile Justice System.

What To Do Next:

If your child has been arrested for a Juvenile Sexual Offense, contact a St. Petersburg Juvenile Defense Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Juvenile offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Overreaction All Too Common in Juvenile Sexual Offenses Cases in Hillsborough County Florida

Overreaction All Too Common in Juvenile Sexual Offenses Cases

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent case of a Walker Middle School boy allegedly sexually assaulted by classmates.

Issue:

A boy attending Walker Middle School in Tampa was the alleged victim of sexual assault by his classmates in the locker room.  After a teacher heard of a bullying incident, the four defendants (classmates, and all male) were asked to provide written statements.  After the school resource deputy read the statements, a Tampa detective was called who interviewed the alleged victim for a total of 6 minutes.  Within hours, all four boys were arrested and looking at charges of felony sexual battery.

Now, nearly 16 months after the arrests, the State’s case has shrunk significantly.  Based on lack of evidence and other intervening factors that their defense counsel was able to raise, two of the boys face felony battery charges (not sexual battery) – one is looking at juvenile sanctions (as opposed to be sentenced as an adult), while the other will have his charges dropped after successfully completing a pretrial intervention program.  The other two boys are scheduled to go to trial on September 13, 2010.

Why This Matters To You:

This case serves as an example of the complex issues surrounding Juvenile Sexual Offenses, and how missteps by law enforcement and prosecutors can have far reaching effects on juveniles who need specialized criminal defense.  Juvenile Sexual Offense cases often receive special attention from the State Attorney’s Office and the media which can also lead to overreaction without proper evidence.

The Walker Middle School case highlights significant issues that affect many Juvenile Sexual Offenses cases including:

·         An inadequate interview of the alleged victim that lasted only 6 minutes - Typically, someone in the Hillsborough County State Attorney’s Office Sex Crimes Division spends significant time interviewing an alleged victim of a juvenile sexual crime

·         Inconsistent witness statements – there were widely varying accounts of what happened and when

·         Lack of physical evidence – there was no DNA evidence linking the defendants to the alleged victim

·         Procedural Issues – the alleged victim did not go for a medical exam until nearly a month after the allegations where an immediate exam is more typical

·         Affect of the Media – Many of the potential witnesses were interviewed by authorities after the case had made the headlines making their statements unreliable

In many Juvenile Sexual Offense cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Lack of Physical Evidence

·         Procedural Issues

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If Your Child Is Arrested for a Juvenile Sexual Offense:

·         Do not speak to the police - ask to have an attorney present.

·         Do not give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when your child is arrested and when the State Attorney’s Office makes a decision to file a criminal charge against your child.  Hiring an attorney immediately to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges.

If your child has been arrested for a Juvenile Sexual Offense in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Juvenile Sexual Offenses Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.