Harmful Communication to a Minor in Florida

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, Harmful Communication to a Minor is a little-known law (Fla. Stat. 847.01385). However, this crime may be charged in cases where a defendant’s communications with a minor does not constitute actual solicitation for sex, but does involve repeated and intentional verbal or written descriptions of unlawful sexual acts. 

This blog will discuss Florida’s new law prohibiting “harmful communication to a minor” by answering frequently asked questions about the law.

#1 – What is harmful communication to a minor?

Florida’s harmful communication to a minor law prohibits someone from engaging in a pattern of communication that includes explicit and detailed descriptions of sexual activity with a child (under age 18), with no legitimate purpose.

#2 – When did “harmful communication to a minor” become a crime?

Most people have not heard of this crime because it was only recently codified in Florida. The Florida Legislature passed the law in early 2024, and it was signed by Governor Ron DeSantis in April of that same year.

#3 – What must the State prove to establish harmful communication to a minor?

For someone to be guilty of harmful communication to a minor, the State must prove all of the following beyond a reasonable doubt:

• The defendant engaged in a pattern of communication to a victim
• The communication included explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement
• The communication was harmful to minors
• The defendant was over 18 at the time, and the victim was a minor (under 18) at the time

#4 – Is harmful communication to a minor a felony?

Yes, it is. Harmful communication to a minor is classified as a third-degree felony, punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine. Someone may face additional penalties if convicted, such as sex offender registration.

#5 – When is a communication considered “harmful to minors?” 

According to the law, a communication “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 that:

• Predominantly appealed to a prurient, shameful, or morbid interest
• Was patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and 
• Taken as a whole, was without serious literary, artistic, political, or scientific value for minors

Note: A prurient interest involves a “shameful” or “morbid” interest in nudity, sex, or excretion. Alexander v. State, 290 So. 3d 65 (Fla. 4th DCA 2020).

#6 – Does it matter if the communications were written or verbal?

No, it does not matter if the communications to the minor were written (e.g. text, email, or by hand) or verbal (spoken). The law criminalizes all types of harmful communications to a minor, if they violate the statute.

#7 – Is one communication enough (e.g. one text or email)?

Unlikely, as there must be a “pattern of communication” that includes “explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct or sexual excitement.” 

Florida’s courts have not yet ruled on this issue. However, in statutes with similar language (e.g. stalking laws), a pattern is generally characterized as more than one instance of prohibited conduct. Bouters v. State, 659 So.2d 235 (Fla. 1995)

#8 – What’s the difference between harmful communication and online solicitation?

There are various differences between harmful communication to a minor and online solicitation of a minor in Florida (Fla. Stat. 847.0135(3)). These include:

• Online solicitation requires use of a digital, online, Internet or local bulletin service; harmful communication can be by any digital or physical means (as well as verbal or written)
• Online solicitation involves seducing, soliciting, luring or enticing a minor (or someone believed to be a minor) to engage in unlawful sexual activity; harmful communication to a minor involves “explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement”
• Online solicitation can involve an adult victim believed to be a minor (e.g. an undercover police officer); harmful communication requires an actual child victim

Both of these offenses are third-degree felonies punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine.

#9 – What if someone didn’t know or didn’t believe the victim was a minor?

This does not matter. The law specifically provides that “ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense” (Fla. Stat. 847.01385(3)).

#10 – Does intent to actually engage in unlawful sexual activity matter?

No, there does not have to be an intent on the part of the defendant to engage in any unlawful sexual activity with the minor. Transmitting communications to a minor involving a pattern of explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement violates the statute, regardless of intent.

#11 – What do “sexual activity,” “sexual conduct,” and “sexual excitement” mean?

Under Florida law, these three key terms have the following definitions (Schmitt v. State, 590 So. 2d 404 (Fla. 1991)):

• “Sexual activity” means the oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.
• “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated 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. 
• “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

#12 – What are potential defenses to this charge?

There are many defenses that may be available if someone is accused of harmful communication to a minor in Florida. These may include:

• Mistaken identity (the defendant was not the one who sent the communications)
• No “pattern of conduct” (e.g. only one message was sent and nothing else)
• Content is not “harmful to minors” (e.g. the material has literary, artistic, political or scientific value and is not solely designed to appeal to a “prurient” interest)
• No explicit sexual content/messages taken out of context (e.g. no images, no description of sexual activity, conduct, or excitement)
• Entrapment (though the victim must be an actual minor for this law, not an undercover officer)
• Procedural defenses (e.g. moving to suppress a defendant’s post-arrest statements, illegally obtained evidence, etc.)
• Defendant is not an adult (e.g. 17 year old texting a 16 year old)

In sum, harmful communication to a minor is a serious third-degree felony offense that is not often discussed in Florida. By understanding the answers to the above FAQs, someone will be much better informed about this law.

If someone is charged with solicitation of a minor or harmful communication, it is critical to find experienced and trusted legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term, hefty fines, and whether they are required to register as a sex offender for the rest of their life.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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