Revenge Porn (Nonconsensual Pornography)
Florida prohibits revenge porn (“nonconsensual pornography”) under Florida Statute Section 784.049. In Florida, crimes for revenge porn are called “sexual cyberharassment.”
As recording videos from a cell phone became easier, more people started recording sexually explicit images to share with an intimate partner. Although the person agreed to share the image with an intimate partner, they still retain a reasonable expectation that the image will remain private. When the relationship ends, that intimate partner might be tempted to publish those images online for revenge.
When such images are published on Internet websites, they can be viewed indefinitely by persons worldwide and easily reproduced and shared. The publication or dissemination of such images might create a permanent record of the depicted person’s private nudity or private sexually explicit conduct. The publication of those images might cause that person significant psychological harm.
For these reasons, the penalties for revenge porn crimes are serious in Florida.
Under Section 784.049, F.S., the term “sexual cyberharassment” means:
- publishing to an Internet website or other disseminating through electronic means;
- to another person;
- a sexually explicit image of a person;
- that contains or conveys the personal identification information of the depicted person;
- without the depicted person’s consent;
- contrary to the depicted person’s reasonable expectation that the image would remain private;
- for no legitimate purpose; and
- with the intent of causing substantial emotional distress to the depicted person.
Attorney for Revenge Porn Crimes in Florida
The attorneys at Sammis Law Firm represent individuals accused of cyber harassment, nonconsensual pornography, and revenge porn. We also represent victims of these crimes in civil lawsuits for monetary damages from the person who illegally posted such pictures online.
We are experienced in investigating these cases and finding ways to remove images from websites. We have offices in downtown Tampa, Clearwater, and New Port Richey. Contact us for more information.
Call 813-250-0500.
Penalties for Sexual Cyberharassment in Florida
Willful and malicious sexual cyberharassment is charged as a first-degree misdemeanor punishable by up to 12 months in jail and a $1,000 fine. A second or subsequent violation of cyberharassment is charged as a third degree felony punishable by up to five years in prison and a $5,000 fine. Read more about the penalties for sexual cyber harassment crimes in Florida.
In addition to the criminal penalties, the victim of revenge porn can bring a civil lawsuit to collect money damages.
What Counts as “Personal Identification Information”?
Since a prosecution for revenge porn in Florida requires that the sexually explicit image contains “personal identification information,” what does that phrase mean?
Section 817.568(1)(f), F.S., defines the term “personal identification information” to mean “any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,” including” any of the following:
- Name, postal or electronic mail address, telephone number, social security number, date of birth, mother’s maiden name, official state-issued or United States-issued driver license or identification number, alien registration number, government passport number, employer or taxpayer identification number, Medicaid or food assistance account number, bank account number, credit or debit card number, or personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card;
- Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
- Unique electronic identification number, address, or routing code;
- Medical records;
- Telecommunication identifying information or access device; or
- Other number or information that can be used to access a person’s financial resources.
Does “other unique physical representation” include a person’s face? By looking at the actual language and its plain meaning, at least one court in Florida has decided that a person’s face is a “unique physical representation” of a person since each person’s face is unique to that person and represents that person’s physical image. See State vs. Johnstone, 18th Judicial Circuit in and for Brevard County, Case No. 05-2017-MM-013921-AXXX-XX (2017)(26 Fla. L. Weekly Supp. 56a).
Civil Lawsuits for Revenge Porn
Under Section 784.049(5), F.S., a person subjected to cyberharassment may initiate a civil action to obtain injunctive relief, a minimum of $5,000 in monetary damages, and reasonable attorney fees and costs.
Florida law does not currently prohibit unlawfully procuring or possessing sexually explicit images to sell or disseminate such images unless the crime is charged as theft.
Revenge Porn Laws in Other States
Other states have upheld similar statutes when there is a compelling interest in protecting individuals from the nonconsensual dissemination of private sexual images.
For instance, in Minnesota v. Casillas, 952 N.W. 2d 629, 642 (Minnesota 2020), the court found that “[t]hose who are unwillingly exposed to their friends, family, bosses, coworkers, teachers, fellow students, or random strangers on the internet are often deeply and permanently scarred by the experience.” Id. at 642.
This article was last updated on Friday, May 3, 2024.
