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Moreover, with nearly one in four teenagers admitting to sexting, would any parent want to play the odds in believing that their child would never do such a thing? What if being wrong means five years in jail for your child? The appeals court ruled that because a first offense is not a crime, prosecutors do not have the authority to accuse a violator with a delinquent act. Both the consenting teen couple and the bully can be convicted of felonies under the law. Assistant State Attorney Maria Schneider tried to salvage her office's authority to prosecute, arguing that the state Legislature must have intended for the cases to be brought before judges. This is not what child pornography laws were meant for, and the time has come to address the issue rationally and reasonably, before it is too late. Sexting encompasses a wide range of behavior.

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The punishments would get harsher with a second offense, and even more severe with a third.

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Sexting and the Law - Press Send to Turn Teenagers into Registered Sex Offenders

The second sender is clearly the bad actor, but the law treats everyone involved the same, and both can be convicted of a felony. For example, individuals who are dating might send each other nude pictures. But untilFlorida law did not distinguish between child porn and adolescents experimenting with cell phone cameras. If all parties involved were 18 or over, however, there is no crime whatsoever. When the girl identified only as "C. Because the offense is not criminal, violating the law is not a "delinquent act," Weekes argued. But with no one to enforce a first offense, harsher penalties for future offenses are irrelevant, according to prosecutors, defense lawyers and legislators.

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