Couples will sometimes share explicit photos with one another during the course of their relationship. These could be photos or videos that they took while they were together. They could also be pictures that were taken separately and then exchanged via text message, direct message, email or through another form of electronic transfer.
For those who are in possession of this type of material, it is important for them to understand that Florida has specific laws against sharing these photos or videos outside of the relationship. Even though they were given consensually, the person who shared them still has an expectation of privacy. Violating that privacy by sharing the material with a third party could be a violation of the law.
Why would someone do this?
These laws are often referred to as “revenge porn” laws, and the reason is that people may share the material online or show it to their friends after the couple breaks up. They see it as a way of intentionally violating the other person’s privacy by sharing intimate pictures that were never meant for anyone else.
When someone is accused of violating these laws, they will often contest that the pictures were theirs. Those photos were given specifically to them, meaning that they now own them. They feel that it is their right to do whatever they want with their own possessions.
But because of the way the laws are written in Florida, this is not necessarily true. The expectation of privacy still applies, so it would be a violation of the law to post the pictures on social media, text them to a third party or post them on various websites.
People sometimes make emotional decisions that can have a serious impact on their lives when they are accused of criminal activity. Those who find themselves in this position need to know about all of their legal defense options.