Most likely, yes. Currently referred to as “sexting”, the possession and distribution of images that are pornographic is a crime which can be punished by up to 15 years in prison. If the image you create is nudity that is not legally considered pornography, but you send it to a child under 18, that is another crime of “transmission of harmful materials to a child” which can be punished with up to five years in prison. These crimes carry with them the requirement to register online as a sexual offender. Never take images of yourself that you would not want everyone—your classmates, your teachers, your family, or your employers—to see.

 If I have a nude picture of my girlfriend that she sent to me on my phone and I do not show anyone or send it out, can I get in trouble?

No. It is not illegal to possess a nude picture of someone who is over the age of 18. However, if the image you send contains nudity and you send it to a minor, you are “transmitting harmful materials to a minor,” a third-degree felony under Florida Statutes Ch. 847.0138, punishable by up to five years in prison.

Sex and Tech Survey

How many teens say they have sent/posted nude or seminude pictures or video of themselves?

20% of teens overall
22% of teen girls
18% of teen boys
11% of young teen girls (ages 13-16)

How many young adults are sending or posting nude or seminude images of themselves?

33% of young adults overall
36% of young adult women
31% of young adult men

How many teens are sending or posting sexually suggestive messages?

39% of all teens
37% of teen girls
40% of teen boys
48% of teens say they have received such messages

How many young adults are sending or posting sexually suggestive messages?

59% of all young adults
56% of young adult women
62% of young adult men
64% of young adults say they have received such messages

Tips for Teens*

Tips for Parents*