The Florida Attorney General’s Office of Statewide Prosecution has charged Elmer Sanchez Bautista with five counts of possession of child sexual abuse material (CSAM), an announcement that comes as the social media platform Snapchat, allegedly used in the commission of Bautista’s crimes, actively challenges a new Florida law aimed at restricting minors’ access to such platforms.
Florida Attorney General James Uthmeier confirmed the charges against Bautista. The investigation was initiated following a cyber tip from the National Center for Missing and Exploited Children (NCMEC) alleging Sanchez Bautista was possessing and sharing child pornography on Snapchat. A subsequent search warrant executed at his residence allegedly uncovered five files of child pornography on his cellphone.
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“We will not relent in our efforts to hunt down child predators who possess and share harmful child sexual abuse material and bring accountability to Snapchat for facilitating this reprehensible abuse,” said Attorney General James Uthmeier. “I’m grateful to our law enforcement heroes dedicated to finding these reprehensible individuals. Our Statewide Prosecutors will ensure this guy spends serious time behind bars.”
The charges against Bautista highlight a broader campaign by the Attorney General’s office concerning the perceived dangers of social media platforms, which has now escalated into a significant legal confrontation with Snap Inc., the parent company of Snapchat.
The Attorney General’s office has filed a lawsuit against Snap Inc. in the United States District Court for the Northern District of Florida, Tallahassee Division. The suit pertains to Florida’s new law, HB3, which seeks to impose restrictions on minors’ use of social media and require age verification.
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In response, Snap Inc. filed a motion on May 28, 2025, requesting a stay of the Attorney General’s lawsuit, or alternatively, its dismissal. Snap argues that the state’s case should be stayed pending the resolution of an earlier-filed related action, which also challenges the constitutionality of HB3.
In its motion to dismiss, Snap Inc. contends that the Attorney General’s HB3 claim:
- Violates the First Amendment of the U.S. Constitution.
- Is barred by the Commerce Clause.
- Is preempted by the federal Children’s Online Privacy Protection Act (COPPA).
Furthermore, Snap argues that the Attorney General’s claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is barred by Section 230 of the Communications Decency Act and the First Amendment, and improperly seeks to hold Snap liable for the independent conduct of third parties and nonactionable statements.
Snap Inc. has requested oral argument on its motion.
The legal filings underscore a tense standoff between the State of Florida, which is pushing for greater regulation of social media platforms to protect children, and tech companies defending their operations against what they argue are unconstitutional and preempted state laws.
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