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Is Teen Sexting a Crime in Florida?

Is Teen Sexting a Crime in Florida?

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The answer is yes, sexting between two minors is considered a crime in Florida. In 2011, the Florida legislature passed a law that specifically pertained to teen sexting. Children and teenagers under the age of 18 should have some understanding of this law and the penalties for violating it.

Prior to this law, minors caught sexting would be charged according to more severe Florida child pornography laws. While this is no longer the case, the consequences for minors who violate the current law can still be harsh with long-lasting effects for the offender. If a you are a parent or guardian of a minor cited for a sexting violation, seeking the legal counsel of an experienced Miami juvenile defense attorney is recommended.

What is Sexting and Teen Sexting?

Sexting is defined as people sharing nude or sexually explicit messages, typically photos or videos, through the use of electronic communication channels and devices such cell phones, the Internet, social media, and so on. Teen sexting occurs when the above behavior happens between two minors and the messages in question depict minors.

Under Florida sexting law, sexting between two consenting adults is not a criminal activity. However, teen sexting is considered a criminal offense. Minors commit the crime of sexting when they knowingly distribute, receive, possess, or create a nude or sexually explicit image or video of another minor.

If a minor receives an image or video depicting a minor in situations of nudity or sexual conduct, but they (i) did not solicit the image, (ii) did not distribute the image to another party, and (iii) took steps to report the image to a parent, guardian, school official, or law enforcement official, they are unlikely to be charged with violating the Florida sexting law.

What are the Penalties of Teen Sexting?

The consequences minors may face because of sexting vary in severity and depend on the specific circumstances of each case. Generally, punishments get harsher the more offenses a minor is charged with. Any images or videos transmitted or received within a 24 hour period are counted as one offense.

      • First Offense — Minor charged with non-criminal violation, could face a $60 fine, 8 hours of community service, and/or mandatory classes on the dangers of sexting.
      • Second Offense — Minor charged with first degree misdemeanor, could be faced with steeper fines, probation, and/or placement in a juvenile detention center.
      • Third Offense — Minor charged with third degree felony, could face a prison sentence of up to 15 years and may be required to register as a sex offender.

To learn more about the Florida sexting law and Florida child pornography laws as they pertain to juvenile defendants, speak with a seasoned Miami juvenile defense attorney. The attorneys at Pimentel & Castillo are experienced at defending juveniles from criminal charges, including sexting violations. If you are a parent or guardian of a minor that is facing teen sexting charges, call us today for a free consultation.

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When to Update a Florida Parenting Plan

When to Update a Florida Parenting Plan

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According to Florida family law, parents in a divorce case are encouraged to develop and agree to a parenting plan. The parenting plan is a legally-binding agreement that must be approved by the court. If they are unable to agree to a parenting plan, the court will intervene and decide what parenting plan is in the best interest of the child. However, after some time, a parenting plan can prove to be ineffective or outdated and may need to be modified.

Parenting plan modifications must also be approved by a Florida family court. The process of modifying a Florida parenting plan can be complex, so it is best to consult with a seasoned Miami family law attorney when petitioning the court for a modification.

Events That May Trigger Parenting Plan Modifications

There are a variety of reasons for wanting to modify a parenting plan. Any revisions and modifications one wishes to make to a Florida parenting plan must be based on the child’s best interest. Still, some life events and/or changes in the child’s needs may prompt a parenting plan modification. These changes may concern financial support calculations, visitation schedules, time-sharing arrangements, and even custody arrangements.

      • Remarriage Especially if it involves relocation or step-children.
      • Relocation Especially if the new distance between the parents’ households is significant.
      • Maturation of the child Especially if the current plan is no longer age-appropriate.
      • Changes in the child’s schools or school schedules
      • Changes in jobs Especially if it involves relocation, significant changes in income, or unemployment.
      • Negative effects of current Florida parenting plan on the child’s development
      • Unfit parenting status Especially if it concerns recent domestic violence charges.

What Florida Family Court Considers

Just like in child custody cases, the Florida family court will make a decision it believes to be in the child’s best interest. After one or both parents files a petition for modifying the parenting plan to the court, there will be a hearing to determine if there is just cause for a modification. The court will judge the severity of the major life changes cited as the reasons for the requested parenting plan modification. One parent or both parents have to prove to the court that the current plan no longer meets the child’s needs.

Not all modifications are approved by the Florida family court. Working with an experienced Miami family law attorney can increase your chances of successfully modifying your Florida parenting plan.

The Florida family law professionals at Pimentel & Castillo can provide the right legal guidance and assist in petitioning the court on your behalf. Call us today for a free consolation.

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Custody Battle Dos and Don’ts

Custody Battle Dos and Don’ts

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Custody battles are often mentally straining and stressful for the parents involved. The majority of parents do not enter into custody litigation proceedings unless they have come to the conclusion that having primary custody of their children is truly the best option.

An experienced Miami divorce attorney knows how to familiarize their clients with Florida family law and guide them through Florida custody litigation. The following are some dos and don’ts parents should follow to win a custody battle.

Do Act Properly in Court

In child custody battles, perception is always a determining factor. Both sides are able to present their opinions about their ex-spouses and their childrearing capabilities, but it is up to the judge to decide whether to believe or put value on those evaluations. For starters, judges will take into consideration the involvement of both parents in the custody hearings. Litigants should physically show up to court on time. They must look presentable by wearing attire appropriate for the courtroom. They must follow courtroom etiquette by being respectful to the judge and opposing party and not showing anger or using fowl language.

Do Ask Questions

Litigants invite additional unnecessary stress and anxiety by refusing to voice out their concerns. If parents do not understand something about the custody litigation process, they should not hesitate to ask for clarification from their attorneys and the court. They are entitled to voicing their concerns and getting clear answers.

Do Cooperate With Ex-Spouse

Divorcing parents going through custody litigation often have severely strained relationships, but to win a custody battle, parents must show the court a genuine willingness to work and get along with their exes for the benefit of children. Courts are more likely to rule in favor of cooperative parents over those who refuse to speak and collaborate with their exes.

Don’t Lie

Parents who are dishonest with the court by making unfounded allegations against their exes or exaggerating their exes’ shortcomings are doing themselves a disservice. It might seem like an effective way to improve their standing as parents in the eyes of the court. However, if those accusations or embellishments of the facts are discovered, their credibility will diminish and so will their chances of winning custody.

Don’t Coach Children

There is a point in the custody litigation process when the children of the litigants get interviewed by a custody expert and sometimes the court. In a custody evaluation, children are able to voice their opinions on the family dynamic and the reasons that led to their parents’ separation or divorce. Parents can inform their children about the interview and give them a general idea of what to expect to alleviate any confusion or fear. However, parents should not prepare their children for the interview, tell them what to say, or encourage them to talk negatively about their other parent. A custody expert will easily spot a child who has been coached, and it will reflect badly on the guilty parent.

Don’t Violate Orders

One of the easiest ways to get on the court’s bad side is by failing to follow a judge’s court orders. Parents must make strong efforts to comply with the judge’s requests, especially if those requests are binding and enforceable orders. Whether it concerns allowing communication and visitation between children and noncustodial parent or a myriad of other things. Litigants must always respect the court’s decisions or risk losing custody.

Florida custody litigation is a lengthy and complex process. If you are in need of legal assistance regarding divorce and child custody, talk with one of the Florida family law experts at Pimentel & Castillo. Call us to speak with a premiere Miami divorce attorney today.

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4 Benefits of Joint Physical Custody

4 Benefits of Joint Physical Custody

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While having joint legal custody brings its own advantages, joint physical custody where each spouse has equal time with their children can be beneficial for both parents and children. Consult with a Miami divorce attorney to learn more about the custody options available because some divorce cases might only allow for joint legal custody. For divorce cases that can accommodate joint physical custody, here are some benefits to consider.

1. Children Live in Both Households

With joint physical custody, children are able to live with both parents for equal or almost equal amounts of time. This arrangement forges strong and healthy relationships with both their parents and allows children to stay connected with their extended families from both sides. Living with both parents reduces the fear of losing a parent as well as the feelings of rejection, loss, and conflict of loyalty some children experience after a divorce.

2. Discipline is a Team Effort

Since both parents get equal parenting time with their children, there is an opportunity for them to collaborate in creating house rules and enforcing consequences. With joint physical custody, both parents will be equally responsible for their children’s discipline. One parent will not be pitted against the other parent, one being the “disciplinarian parent” and the other being the “fun, part-time parent.” If both parents work together, a continuity in household rules can be established, providing consistency in children’s daily routines, as well as responsibilities.

3. Routine Schedules Good For Parents

Both parents will have to agree on a joint custody schedule that determines how parenting time will be divided between them. This schedule provides a set and predictable routine that both parents follow and can plan around. By knowing when their children will and will not be at their house, each parent can schedule their activities accordingly. Plan for family-centered activities during parenting time and plan for work activities, time with friends, or “me” time when the kids are not around.

4. Share Daily Costs of Raising Children

Costs for after school activities, toys, and school supplies might seem small, but they sure add up. But when parenting time is shared, both parents naturally end up sharing costs on these everyday items and expenses. On the other hand, large expenses should be handled according to the parental agreement.

If you are considering divorce, consult with an experienced Miami divorce attorney at Pimentel & Castillo to learn more about the process as well as custody options. Call our family law professionals today.

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