West Palm Beach Revenge Porn Lawyer
The ease of posting images and information online, combined with the difficulty of permanently removing anything from the internet, means that the internet is a prime area for harassment to occur. Florida has criminalized the online publishing of revenge porn, or sexual images posted online without the subject’s consent, and often as an act of revenge by a former romantic partner. If you have been charged with revenge porn or another sexual offense, you need the assistance of an experienced West Palm Beach revenge porn lawyer who can defend your rights.
Revenge Porn
In Florida, a person commits sexual cyberharassment when he or she:
- Publishes sexually explicit images;
- Containing personal identifying information about the subject;
- Without the subject’s consent; and
- With the intent to cause substantial emotional distress.
The law went into effect on October 1, 2015, making Florida the seventeenth state to criminalize sexual cyberharassment.
The Pervasiveness of Revenge Porn
Before the popularity of the Internet, any material that could be used to harm the reputation of or embarrass another would remain confined in its dissemination. However, the Internet provides a powerful platform where this material can have life-long damaging effects. As such, several states have become more cognizant of the role of technology and Internet in the pervasiveness of certain crimes. In the United States in the last couple of years, more and more states, including Florida, have begun to criminalize certain behavior that in the past was seen as just simple bullying.
Images
Sexually explicit images include photographs, pictures, videos, motion pictures, films, or representations of a person who is nude or engaged in sexual conduct, including intercourse, masturbation, sadomasochistic abuse, sexual battery, lewd exhibition of the genitals, and any contact with another’s genital area or female breasts. Nudity includes any exposure of the genitals, pubic area, buttocks, or female breast.
The law only applies to publishing images on websites or social media sites, however. Transmitting images that would otherwise be considered revenge porn through email, text messaging, or apps like Snapchat, is not covered by this law.
Florida’s Sexual Cyberharassment Law
According to Florida’s Revenge Porn law, also known as the sexual cyberharrassment law, a first offense is a misdemeanor if a criminal defendant maliciously and willfully publishes any sexually explicit images of a person without that person’s consent with the intent of causing substantial emotional distress to the person in the image. If the criminal defendant repeats the offense, then he or she may be convicted of a felony in the third degree. Additionally, it is a requirement within the law that the image conveys to the viewer the personal identity or the person’s identity can be construed from the image in order for the defendant to be found guilty.
The Legislative Intent Behind the Revenge Porn law
Florida’s legislative intent for making effective the Revenge Porn law is the understanding that in this day and age, and with the fluidity of the cell phone in our most intimate of moments, there is the possibility that a person will be depicted in an image either naked or in a sexually explicit manner. It is immaterial that the person depicted in the image consented to the taking of the photo or took the photo of him or herself. The crux of the revenge porn law lies in the consent of the person depicted in the image to have that image published.
It is also captured under Florida’s Legislative intent that there is a current practice of posting sexually explicit images of another person without that person’s consent for the sole purpose of causing psychological and emotional harm to the person depicted. This issue is exacerbated by the fact that once a picture is posted on the Internet, there is no way to “un-see” the image, the image becomes a permanent record that will be viewed indefinitely by an infinite number of people, the image is easily reproducible and shared.
Penalties
Generally, revenge porn will be charged as a first degree misdemeanor, which is punishable by:
- Up to one year’s imprisonment;
- Up to six months’ probation; and
- A fine of up to $5,000.
Second and subsequent offenses are third degree felonies, punishable by any combination of:
- Imprisonment of up to five years,
- Probation of up to five years, and
- A fine of up to $5,000.
Those who publish images of minors under age 18 will also be subject to third degree felony charges under Florida’s child pornography laws.
Revenge Porn Websites
In recent years, several websites have been created that are dedicated to revenge porn, featuring nude and sexually explicit photos and videos of people, posted without the subjects’ consent, usually by former romantic partners. Often, these sites include personal information, such as names, addresses, phone numbers, employers, and links to social media pages. Some revenge porn sites have been shut down, but new sites appear frequently, and content from the sites is widely distributed online, making it difficult, if not impossible, to remove content from the internet.
Civil Damages May Be Claimed For Revenge Porn
Revenge porn is not solely a criminal issue, but a person may also bring a civil action against the criminal defendant for publishing any explicit image that falls under the definition of sexual cyberharassment. The victim can recover monetary damages of $5000 and/or recoup for actual damages that occurred as a result of the publication.
Contact an Experienced West Palm Beach Revenge Porn Lawyer
Criminal charges for sex offenses have a strong stigma and can affect many areas of an offender’s life. If you have been charged with revenge porn in Florida, please contact West Palm Beach criminal defense attorney William Wallshein to schedule a confidential consultation to discuss your case.
