Legal Question in Criminal Law in Florida

My boyfriend and I began sexting when he was 23 and I was 15. I am now 18 but my parents have evidence of the sexting and will bring it forward if I ever talk to him again. Can they do that even if I don't want to press charges and what would the charges be?


Asked on 8/11/12, 6:56 am

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

The decision to prosecute rests with the prosecutors. Your opinion would be considered but not wanting to press charges is not a bar to prosecution. The statute of limitations for transmission of materials harmful to minors (sexting) is 3 years. After the statute of limitations has passed, prosecution can not be commenced.

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Answered on 8/11/12, 8:06 am
Craig Epifanio Craig Epifanio, P.A.

I would just also add that if there were actual sexual activity of any sort going on during this time period, then your boyfriend faces much more serious charges such as unlawful sex with certain minors, a second degree felony, punishable by up to 15 years. I suggest your boyfriend talk to an attorney right away.

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Answered on 8/11/12, 8:44 am


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