Nonconsensual Pornography
Florida prohibits nonconsensual pornography (sometimes called “revenge porn”) under Section 784.049, F.S.
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.
Under Section 784.049, F.S., the term “sexual cyberharassment” is defined as:
- to publish to an Internet website or disseminate 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 Cases 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 to collect money damages from the person who illegally posted such pictures online.
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.
Read more about sexual cyber harassment crimes in Florida.
Civil Lawsuits for Revenge Porn
Furthermore, 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.
This article was last updated on Wednesday, May 25, 2022.
