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Fort Myers Criminal Defense Lawyer / Blog / Sex Crimes / Sexting a Minor in Port Charlotte: Is This a Federal Crime?

Sexting a Minor in Port Charlotte: Is This a Federal Crime?

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In 2025, Forbes reported that about 80 million people in the United States are actively using dating apps. During online interactions, it is all too easy to accidentally contact a minor. Even if you are unaware of the fact that the person you’re texting is underage, you could still face consequences, including sex crimes. Will you face federal charges for this type of offense? Ask a defense attorney for more information on this complex subject.

Sexting a Minor Can Lead to Various State Charges 

Sexting a minor can lead to numerous charges under Florida state law. These include sending obscene material to a minor, such as nude photographs of yourself or others. You may also face charges of enticing or luring a minor into committing an illegal sex act. This might include requesting nudes from a minor online. You could also face charges of transmitting lewd or lascivious conduct to a person under 16 years of age. If you receive nudes from an underage individual and then send these images to other people, you could also face charges of transmitting child pornography.

When Does Sexting a Minor Become a Federal Offense?

If you sext a minor, you could face federal charges under certain circumstances. Firstly, you could face federal charges if your crimes cross state lines. For example, you might sext a minor who lives in a different state. Since these communications cross state lines, your alleged crime then falls under federal jurisdiction.

In addition, federal investigators may have jurisdiction over crimes involving alleged child exploitation, even if the communications remained within Florida. The federal government has law enforcement teams dedicated to investigating and prosecuting sex crimes involving minors. It is worth noting that the federal penalties for these sex crimes could be more severe than those imposed by Florida. It is possible to spend decades in prison for sexting a minor under federal law.

What if I Didn’t Know I Was Sexting a Minor?

If you were not aware of the other party’s age, you may feel that these charges are unfair. Your lack of knowledge in this regard could form the basis of a legitimate defense strategy, but not always. Ultimately, the court will decide whether this defense holds up to scrutiny. The court may assess whether you should have guessed that the victim was underage, even if they failed to reveal their true age (or outright lied about it).

For example, the other party may clearly look underage. There may have also been clues about their age that you should have picked up on during your communications. For example, the victim might have mentioned that they were preparing to graduate from high school. A judge might also decide that you should have asked for their identification or evidence of their true age before sexting them.

Can a Port Charlotte Defense Attorney Help Me?

A Port Charlotte sex crimes defense attorney may be able to help if you face sex crime allegations. Those who sext minors could face serious charges, and these charges may be federal if the communications crossed state lines. To learn more about the next potential steps in your defense, consider reaching out to The Foley & Wilson Law Firm. We have experience with both sex crimes and federal charges.

Source: 

forbes.com/health/dating/dating-statistics/