Revenge Porn in Florida
Revenge porn describes the act of distributing sexually explicit images of someone else –generally a former or current intimate partner –without his or her consent.
The Florida Legislature enacted laws criminalizing revenge porn in 2015. Under the Florida Statutes, getting revenge on your ex in this manner is considered sexual harassment.
More often, these revenge photos are posted on social media websites like Facebook, Instagram, and Snapchat. Victims of revenge porn sometimes face additional stalking, harassment, and even job displacement. It is imperative that when taking intimate pictures that partners have a full understanding of how those images will be handled throughout the relationship.
Lawyer for Revenge Porn in Brooksville, FL
If you or someone you know has been charged with disseminating revenge porn, contact an experienced criminal defense attorney immediately.
Florida laws have cracked down on the dissemination of intimate images by exes. Speak with a criminal defense attorney who has knowledge of this area of law. Call The Law Office of Ashley Aulls, P.A. for more information about Florida revenge porn law.
Call (352) 593-4115 to set up a no-obligations consultation with criminal defense attorney Ashley Aulls, who represents clients accused of sex crimes all over Hernando County.
Revenge Porn Under Florida Statute § 784.049
In Florida, the revenge porn statute, § Fla. Stat. 784.049 is entitled “Sexual Cyberharassment.” Under Section 784.049, a person may be found guilty of disseminating revenge porn if he or she maliciously and willfully sexually cyberharasses another person. The penalty for the first offense of sexual cyberharassment is a first-degree misdemeanor.
Penalties for Sexual Cyberharassment
The first offense of sexual cyberharassment is charged as a first-degree misdemeanor. First-degree misdemeanors are punishable by up to one year in prison and up to $1,000 fines.
If an offender has one prior conviction for sexual cyberharassment and he or she subsequently commits a second or more sexual cyberharassment offenses, then the charge is a third-degree felony. Third-degree felonies are punishable by up to five (5) years in prison and up to $5,000 fines.
The Statute also allows a victim to collect $5,000 in monetary damages or actual damages incurred as a result of the violation. In addition, the Statute allows a victim to obtain reasonable attorneys fees and costs.
Useful Definitions under § 784.049 Fla. Stat.
The Florida Statute concerning sexual cyberharassment contains multiple definitions to aid in understanding the statute. The definitions that follow are essential to the Statute.
“Image” is defined as, but not limited to, any picture, motion picture, film, photograph, video, or representation.
“Personal Identification Information” is defined as any name or number that may be used to identify a specific person. (See § 817.568 Fla. Stat.)
“Sexually Cyberharass” is defined as the act of publishing a sexually explicit image of a person that conveys the personal identification information of the person depicted on an internet website without the depicted person’s consent, for no legitimate person, with the intent of causes substantial emotional distress to the person depicted.
“Sexually Explicit Image” is defined as any image depicting nudity or depicting a person engaged in sexual conduct.
Attorney for Revenge Porn in Hernando County, Florida
If you or someone you know has been charged with violating Florida Statute § 784.049, then speak with an experienced criminal defense attorney who will fight for your best possible result.
Brooksville criminal defense attorney Ashley Aulls is a zealous advocate with years of experience fighting for the rights of criminal defendants. The Law Office of Ashley Aulls, P.A. represents clients throughout the Tampa Bay Metropolitan area.
Ashley Aulls takes cases in Hernando County, and in the surrounding areas of Citrus County, Sumter County, and Pasco County, Florida.
Call (352) 593-4115 for more information about your case.