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Revenge porn carries serious penalties in Florida

On Behalf of | Aug 25, 2021 | Criminal Defense

When famous people’s intimate videos or photos appear on the internet, there are sometimes suspicions of a publicity stunt. Yet, in most cases, whether the person is famous or not, there is a more sinister explanation or a misunderstanding.

Revenge porn has been increasing since the spread of the internet and smartphones made it easy. Most people have a camera on their phones, and it only takes a few seconds to take a video or a picture of someone without them knowing and share it on the internet. Alternatively, it only takes a moment to decide that sending someone you trust a photo or video of yourself unclothed or in a compromising pose is a good idea. It takes even less time for them to betray your trust and share your media for the world to see.

What makes sharing sexual content a crime?

In 2015, Florida lawmakers passed a sexual cyberharassment law, and in 2019 they tightened it. As the law stands, to convict someone of sexual cyberharassment for revenge porn, the following needs to occur:

  • The media was shared electronically: Sending it via email or messaging service did not count under the original bill, but they do now.
  • It is possible to identify the victim: The update removed the need to include a name or number. How identifiable someone is in a photo or video may need to be debated in any particular case.
  • The victim would be unhappy about sharing the material: Sending someone a video does not mean you permit them to share it. However, retracting permission for something already shared may be too late.

If someone accuses you of making their private material public, it is crucial to understand the relevant laws to defend against unjustified charges. Revenge porn carries severe consequences.

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