Policy Text
\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER:
G - 84
GENERAL ORDER
RESCINDS:
SUBJECT: Sexting Policy
EFFECTIVE: February 14, 2019
REVISED:
Table of Contents:
I. Purpose
II. Definitions
III. Procedure
I. PURPOSE:
This directive provides procedures for the process of issuing sexting citations as well as providing specific
definitions to identify elements of this crime.
II. DEFINITIONS:
A. Sexting; prohibited acts; penalties (Florida Statute 847.0141) is defined as:
1. A minor commits the offense of sexting if he or she knowingly:
a. Uses a computer, or any other device capable of electronic data transmission or
distribution, to transmit or distribute to another minor any photograph or video of
any person which depicts nudity, as defined in s. 847.001(9), and is harmful to
minors, as defined in s. 847.001(6).
b. Possesses a photograph or video of any person that was transmitted or distributed
by another minor which depicts nudity, as defined in s. 847.001(9), and is harmful
to minors, as defined in s. 847.001(6). A minor does not violate this paragraph if
all of the following apply.
(1) The minor did not solicit the photograph or video.
(2) The minor took reasonable steps to report the photograph or video to the
minor’s legal guardian or to a school or law enforcement official.
(3) The minor did not transmit or distribute the photograph or video to a
third party.
2. The transmission or distribution of multiple photographs or videos prohibited by paragraph
(1)(a) is a single offense if the photographs or videos were transmitted or distributed within
the same 24-hour period.
GENERAL ORDER
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G-84 Page 1 of 3\n\n--- Page 2 ---\n\n3. The possession of multiple photographs or videos that were transmitted or distributed by a
minor prohibited by paragraph (1)(b) is a single offense if the photographs or videos were
transmitted or distributed by a minor in the same 24-hour period.
B. “Nudity” is defined as the showing of the human male or female genitals, pubic area, or buttocks
with less than a fully opaque covering; or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male
genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not under any
circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or
incidental to feeding.
C. “Harmful to minors” is defined as any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual
conduct, or sexual excitement when it:
1. Predominantly appeals to a prurient, shameful, or morbid interest;
2. Is patently offensive to prevailing standards in the adult community as a whole with respect
to what is suitable material or conduct for minors; and
3. Taken as a whole, is without serious literary, artistic, political, or scientific value for
minors.
4. A mother’s breastfeeding of her baby is not under any circumstance “harmful to minors.”
D. “Found to have committed” is defined as a determination of guilt that is the result of a plea or trial,
or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of
whether adjudication is withheld.
E. “Child pornography” is defined as any image depicting a minor engaged in sexual conduct.
F. “Sexual conduct” is defined as actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals;
actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if
such person is a female, breast with the intent to arouse or gratify the sexual desire of either party;
or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or
will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute
“sexual conduct.”
III. PROCEDURE:
A. Procedures for Sexting Investigations:
1. When an act of Sexting (F.S. 847.0141) is reported the deputy will initiate an offense report
in CAFÉ utilizing the UCR code 9114- Non-UCR Sexting Citation, while any subsequent
violations by the offender will be offense reports utilizing the appropriate statute and UCR
Code. In addition to the basic persons’ information and parent/guardian information, the
deputy should describe the device used to transmit or possess completely, to include any
applicable identification numbers.
2. The first offense of Sexting is a non-criminal act. If a juvenile is found to have been
previously given a Sexting citation, the second offense is a misdemeanor of the first degree
GENERAL ORDER
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G-84 Page 2 of 3\n\n--- Page 3 ---\n\nand the juvenile is no longer eligible for a civil citation. A violation that occurs after being
found to have committed a misdemeanor of the first degree for Sexting is a felony of the
third degree. A Café search after January 1, 2019 and/or call to the State Attorney’s Office
(during office hours) can be made to ensure the juvenile has not been found to have
committed a noncriminal violation for Sexting previously in Seminole County.
3. Unless the person is under investigation for a criminal act of Sexting, the deputy will ask
for consent to view the image or video and determine if it meets the criteria for Sexting and
does not rise to the level of child pornography. The image or video should be described
within the narrative of the report.
4. The deputy should verify that the image or video is/is not child pornography by depicting
a child engaged in sexual conduct. If child pornography is suspected, the deputy shall
contact the on-call Crimes Against Children Detective for guidance and seize the phone
for evidence. If it is a civil infraction, then once the image or video is viewed, the deputy
will ask the parent/guardian to sterilize the phone. Sterilization is a factory reset that will
delete ALL content. Make sure to complete a sterilization form and include in the report.
Every effort should be made to remove the image/video on the device. Contact Digital
Forensics if you need assistance.
5. If the investigation is for a first offense civil infraction or a misdemeanor, the seizure of
the device is not applicable. If the investigation reveals a probable cause for a criminal
offense, the deputy will seize the phone as evidence, obtain a consent to search from
parent/guardian, or pursue a search warrant.
6. If applicable, the deputy will complete a Sexting civil citation to be issued to the juvenile.
A parent or guardian must be contacted and noted on the citation. The juvenile’s thumbprint
will be collected on the citation. The hearing date calendar can be found on the Department
of Family and Youth Services homepage. The hearing date issued must be not less than 45
days from the date of offense nor more than 60 days from the date of the offense. (See
Administrative Order Below) The yellow copy of the citation will be provided to the
parent/juvenile. An offense report number is to be pulled and the UCR code will be updated
to 9114. The original will be scanned into the Café report and emailed to:
PayProgram@seminolesheriff.org. The Café report should be cleared as “inactive.”
7. The original citation and two copies will be forwarded to the Clerk’s office with a cover
sheet. A case package does not need to be sent to the SAO. Both the juvenile and the
parent/guardian should be made aware that if they complete the Sexting & Cyber Safety
Education Program through the Pay Program and provide a copy of the certificate to the
Clerk of Court, they do not need to attend the scheduled hearing date. If the class is not
completed prior to the scheduled hearing date, they will be subject to completing the class,
monetary fines and community service hours.
GENERAL ORDER
Sexting Policy
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