Thank you for asking me “What is “Revenge Porn” / Sexual CyberHarassment in FL?”
In FL “Revenge porn” is formally called “sexual cyber-harassment” and it is defined as the “online posting of explicit photos of people without their permission”.
F.S. 784.049 defines “Sexually cyber-harassment” as being “to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.”
I know you’re thinking but what if they consented to the pics? Well FL law specifically states that “A person depicted in a sexually explicit image taken with the person’s consent has a reasonable expectation that the image will remain private.”
Most State’s have “revenge porn” (a/k/a “sexual cyber-stalking”) laws, and in Florida F.S. 784.049 makes it a crime (a 1st degree misdemeanor punishable by up to 364 days in jail) for you to post sexually explicit photos of someone else without their consent.
Again, it matters not whether the photos were taken and possessed freely, voluntarily, and with consent; what matters is the lack of consent to publish the images.
Why? Because Florida law says that someone who agrees to have such a sexually explicit photograph taken maintains “a reasonable expectation the image will remain private”.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
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