Sexual Cyberharassment (Revenge Porn) in Florida
Sexual Cyberharassment is the publication of sexually explicit images without the depicted person’s consent.
Sexual Cyberharassment, commonly called Revenge Porn, is the willful and malicious publication of private, sexually explicit images of another person without their consent.
Sexual Cyberharassment differs from Video Voyeurism because the sexually explicit images were usually consensually made in private, but subsequently published to others without permission.
Definition of Sexual Cyberharassment
Under Florida Statute 784.049(3), the crime of Sexual Cyberharassment is committed when a person willfully and maliciously publishes a sexually explicit image of another person along with personal identifying information of the person without their consent, for no legitimate purpose, and with the intent of causing the depicted person substantial emotional distress.
Publication
Publication occurs when sexually explicit images are posted to a website, social media network, or electronically through email, text message (SMS, MMS, iMessage), peer-to-peer networks, WeChat, Skype, or Facebook Messenger.
Personal Identification Information
Personal Identification Information is defined as any information that identifies an individual, such as the individual's name, postal or electronic mail address, telephone number, social security number, date of birth, or a unique physical representation, such as their face or a tattoo.
Penalties for Sexual Cyberharassment
First Offense Sexual Cyberharassment
The crime of First Offense Sexual Cyberharassment is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, and $1,000 in fines.
A judge may sentence a person convicted of First Offense Sexual Cyberharassment to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Second Offense Sexual Cyberharassment
The crime of Second Offense Sexual Cyberharassment is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, $5,000 in fines, and sixty (60) days vehicle impoundment or immobilization.
Second Offense Sexual Cyberharassment is assigned a Level 1 offense severity ranking under Florida’s Criminal Punishment Code. Absent grounds for a downward departure sentence, a judge is required to sentence a person convicted of Second Offense Sexual Cyberharassment to a minimum sentence of 10 days in jail, but may also sentence the person up to the statutory maximum of five (5) years in prison.
Defenses to Sexual Cyberharassment
In addition to the general pretrial defenses and trial defenses that can be raised in any criminal case, specific defense to the crime of Sexual Cyberharassment are:
Anonymous Publication
Sexual Cyberharassment only makes it unlawful to publish sexually explicit images that identify the person depicted in the sexually explicit image. Consequently, so long as the person depicted in a sexually explicit image cannot be identified, it does not constitute Sexual Cyberharassment to post a sexually explicit image of the person.
Legitimate Publication
It is lawful to publish a sexually explicit image of another person in furtherance of a legitimate purpose. [1]
What constitutes a legitimate purpose would be a fact specific determination, but might be found if the publication was done for artistic, medical, or investigative reasons.
Unreasonable Distress
Publishing a sexually explicit image of another person that would not cause the a reasonable person substantial emotional distress, does not constitute the crime of Sexual Harassment.
The determination of whether the publication of a sexually explicit image would constitute severe emotional distress would be determined on a case-by-case basis based upon the circumstances and extent of the publication.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with Sexual Cyberharassment in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.