If you or a loved one have been arrested for revenge porn you may be able to get the case dismissed. The State bears the burden of establishing every element of the charge. The state must prove that a crime was committed and that you are the one who committed the crime.
What Is Revenge Porn?
Revenge porn is publishing a sexually explicit image of another person along with personal identifying information of the depicted person to a website without the depicted person’s consent, for no legitimate purpose, and with the intent of causing the depicted person substantial emotional distress.
The sexually explicit images or video may be made by a partner of an intimate relationship with the knowledge and consent of the subject, or it may be made without their knowledge.
A person depicted in a sexually explicit image taken with the person’s consent may retain a reasonable expectation that the image will remain private despite sharing the image with another person, such as an intimate partner.
The term ‘revenge porn’, or ‘sexual cyberharassment’, generally refers to the uploading of sexually explicit material to humiliate and intimidate the subject, who has broken off a relationship. The images are usually accompanied by sufficient information to identify the pictured individual, typically names and locations, and can include links to social media profiles, home addresses, and workplaces.
When such images are published on internet websites, the images are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared.
The publication or dissemination of such images through the use of internet websites or electronic means creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct.
The existence of such images on internet websites or the dissemination of such images without the consent of all parties depicted in the images causes those depicted in such images significant psychological harm.
What Is the Revenge Porn Law in Florida?
In Florida revenge porn is known as ‘sexual cyberharassment’. It is unlawful in Florida to publish sexually explicit images or videos along with personal identification information, for no legitimate purpose, and with the intent of causing the depicted person substantial emotional distress.
- ‘Image’ includes, but is not limited to, any photograph, picture, motion picture, film, video, or representation.
- ‘Personal identification information’ means any information that identifies an individual, and includes, but is not limited to, any name, postal or electronic mail address, telephone number, social security number, date of birth, or any unique physical representation.
- ‘Sexually cyberharassment’ means 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, with the intent of causing substantial emotional distress to the depicted person. Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image.
- ‘Sexually explicit image’ means any image depicting nudity, as defined in Section 847.001, Florida Statutes, or depicting a person engaging in sexual conduct, as defined in Section 847.001, Florida Statutes.
See Section 784.049, Florida Statutes.
What Are the Penalties for Revenge Porn or Sexual Cyberharassment?
The penalties for revenge porn or sexual cyberharassment are:
- A person who willfully and maliciously sexually cyberharassers another person commits a misdemeanor of the first degree, punishable by up to one year in jail and a $1,000 fine.
- A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable by up to five years in prison and a $5000 fine.
See Section 784.049, Florida Statutes.
Should I Contact a Criminal Defense Attorney?
If you or a loved one have been arrested for revenge porn you may be able to get the case dismissed. The state must prove that a crime was committed and that you are the one who committed the crime. It is important that you contact an experienced criminal defense lawyer and determine whether you are entitled to request that the case be dismissed. A hearing may be the difference between the dismissal of the charges and jail time.
