Sexting is a crime even if both minors consent?

• A. Yes
• B. No
• C. Only if a parent protests
• D. Only if there is explicit threat

Answer: (A)

Sexting involving a minor is illegal in Florida regardless of whether the minors consent to it. The law treats minors as unable to legally consent to sexual material, so producing, sharing, or even possessing nude or sexually explicit images of a minor is a crime under child pornography-related statutes. The purpose of these laws is to protect youths from exploitation and from the harms that come with circulation of sexual material about minors. Because consent from the parties does not provide a defense, the act can result in criminal charges or juvenile sanctions even when both participants are under 18, and regardless of whether a parent objects or whether there is any threat involved. This is why the correct answer is that sexting is a crime even if both minors consent.