Legal Question in Criminal Law in Florida

I was texting my friend on his Son’s phone. I forgot it was his son’s phone because his phone is broken. I used strong language because I was upset about something and I wrote F so and so but I used the word. His son is 16. Now I’m sure that my best friend report me but did I do something illegal since the phone belongs to a 16 year old even though I was talking to a 44 year old?

Asked on 9/02/20, 6:30 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

There’s nothing inherently illegal about using profanity, even with a minor. Saying the f-word is constitutionally protected free speech.

Of course, context matters. It’s illegal to solicit a minor to engage in a sexual act or sexual performance. That’s not necessarily what’s happened in this situation, but it’s hard to imagine what someone would “report” about. “Hello police? My friend said the f-word to my 16 year old child.” That’s not a crime.

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Answered on 9/02/20, 6:57 pm

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