The digital age has brought convenience but also opened a pathway for harmful activities like “revenge porn.” This term refers to the non-consensual sharing or posting of explicit private images or videos of an ex-partner, commonly through social media. This problem has become so common that Florida created a law in 2015 to combat this issue.
Known as the Sexual Cyberharassment law, it serves as the state’s commitment to preserving privacy. It also aims to prevent the emotional harm that comes from such actions by making this behavior illegal.
So, those who violate this law by participating in revenge porn can face severe consequences.
Unlawful sharing of images or videos of an ex-partner
When a distributor shares sexually explicit materials of their ex-partner without consent, it is often with the intent to cause emotional distress. These explicit materials become ‘revenge porn’ when they expose the ex-partner’s nudity or their involvement in sexual activity, publicly revealing private moments that were not meant for public consumption. Notably, even if both parties freely shared such materials during their relationship, they should remain private for both parties.
Such sharing of images or videos violates the law. The victim can then seek relief from law enforcement and identify the distributor. If law enforcement finds sufficient evidence of the distributor’s guilt, they can arrest and charge the distributor, who could then face serious consequences.
Consequences of the offense
Courts classify a first offense as a first-degree misdemeanor, which can lead to severe penalties. These penalties can include up to one year in jail, one year of probation and a $1,000 fine. For those with a prior conviction who commit the offense again, the law escalates it to a third-degree felony. Such a felony can result in up to five years in prison, five years of probation and a $5,000 fine.
A possible defense against sexual cyberharassment allegations often involves challenging the evidence. If there’s a way to dispute the claim that the accused wasn’t the one who shared the explicit material, this could form the basis of a strong defense. An attorney could be beneficial in such instances. They can help the defendant work through their case during the ensuing legal process.