Florida Legislature Accidentally Makes Teen Sexting Completely Legal
February 3, 2015 at 11:13 pm
(This post was last modified: February 3, 2015 at 11:20 pm by TheRealJoeFish.)
It is now literally impossible for any teen in Florida to get into any sort of civil or criminal trouble for sending "images of nudity" to another minor via text.
Link to story on The Volokh Conspiracy
This is because the Florida Legislature, in its attempt to create a layered penalty structure, did the following:
1) Made the first violation of the Anti-Sexting statute a civil offense with a fine.
2) Made the second and all subsequent offenses criminal (and the fourth offense a felony).
3) Forgot that, under Florida law, no court has jurisdiction over civil offenses by minors.
This means:
1) Because the first offense must be, by definition, civil, no court in the state can legally find that a minor has violated the statute a first time.
2) Because no minor cannot violate the statute a first time, no minor can violate the statute a second time.
3) Thus, the Florida Legislature has inadvertently abolished all civil and criminal penalties for a minor who sexts to other minors.
Link to story on The Volokh Conspiracy
This is because the Florida Legislature, in its attempt to create a layered penalty structure, did the following:
1) Made the first violation of the Anti-Sexting statute a civil offense with a fine.
2) Made the second and all subsequent offenses criminal (and the fourth offense a felony).
3) Forgot that, under Florida law, no court has jurisdiction over civil offenses by minors.
This means:
1) Because the first offense must be, by definition, civil, no court in the state can legally find that a minor has violated the statute a first time.
2) Because no minor cannot violate the statute a first time, no minor can violate the statute a second time.
3) Thus, the Florida Legislature has inadvertently abolished all civil and criminal penalties for a minor who sexts to other minors.
How will we know, when the morning comes, we are still human? - 2D
Don't worry, my friend. If this be the end, then so shall it be.
Don't worry, my friend. If this be the end, then so shall it be.
