LEGAL IMPLICATIONS OF REVENGE PORN IN FLORIDA

WHAT IS REVENGE PORN?

Simply stated revenge porn is the revealing, publication, or portrayal of any sexually explicit or revealing photographs, images, or videos of an individual or group of individuals by another person through any channel, or medium without that individual’s consent.

 

Revenge porn has permanent and damaging effects emotionally, publicly, and psychologically. It can ruin a person’s life, career, and reputation! More than half of the 50 United States’ legislatures have enacted laws to protect victims affected by revenge porn in both the criminal and civil law realms.

 

With recent events that occurred between celebrities Robert Kardashian and Blac Chyna, revenge porn has become a trending topic on social media. On or about July 5th,2017, Robert Kardashian posted on social media several sexually explicit photographs revealing his ex Fiance’s (Blac Chyna) naked body. He posted the photographs on popular social media channels Instagram and Twitter. Mr. Kardashian’s Instagram account has since been suspended and completely blocked by the social media company Instagram.

 

What does revenge porn mean in Florida you may ask? On May 14th, 2015, Governor Rick Scott signed into law new legislation addressing Florida’s revenge porn law. The statute that addresses revenge porn in the State of Florida is the SEXUAL CYBERHARASSMENT law found in section 784.049 of the Florida Statutes.

 

This law makes posting revenge porn a criminal offense of a Misdemeanor of the First Degree. First degree misdemeanors are the most serious misdemeanors in Florida, punishable by jail terms of up to one year and fines of up to $1,000. Additionally, the statute states a person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree. A third degree felony is punishable by up to five years in prison, five years probation, and a $5,000 fine.

 

Additionally, the statute provides a victim of sexual cyberharassment has the right to pursue a civil action against the offender as a remedy, entitling them Injunctive relief, monetary damages, and reasonable attorney fees & costs.

 

Our law firm is a full service law firm in Florida practicing in the areas of Personal Injury, Civil Litigation, Criminal, Family, Immigration, Business and Estate Planning law. Follow us on social media and save our contact info in the event you need any legal help in Florida. Subscribe to our Youtube channel for video blogs on legal topics.

 

Call 844-9- Handle
(844-942-6353)
Bijoux Law Firm
Law Offices of Beatrice Bijoux, P.A.
110 SE 6th Street Suite 1700
Fort Lauderdale, FL 33301
Direct Cell: (305) 542-4026
Office Phone: (954) 363-0320 Ext. 9033
Fax:1-305-503-7426
Email: AttorneyBB@BijouxInjuryLaw.com
Website: www.BijouxInjuryLaw.com
Facebook: https://www.facebook.com/BijouxInjuryLaw/
Linkedin: https://www.linkedin.com/in/beatricebijoux
Twitter:https://twitter.com/BijouxLawFirm

Youtube: https://www.youtube.com/channel/UC5utIDosnCuH4WHe7BXqQsw

 

 

 

PLEASE VIEW FLORIDA’S REVENGE PORN STATUTE BELOW

784.049 Sexual cyberharassment.—

(1) The Legislature finds that:

(a) A person depicted in a sexually explicit image taken with the person’s consent has a reasonable expectation that the image will remain private.

(b) It is becoming a common practice for persons to publish a sexually explicit image of another to Internet websites without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person.

(c) When such images are published on Internet websites, they are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared.

(d) The publication of such images on Internet websites creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct.

(e) The existence of such images on Internet websites causes those depicted in such images significant psychological harm.

(f) Safeguarding the psychological well-being of persons depicted in such images is compelling.

(2) As used in this section, the term:

(a) “Image” includes, but is not limited to, any photograph, picture, motion picture, film, video, or representation.

(b) “Personal identification information” has the same meaning as provided in s. 817.568.

(c) “Sexually cyberharass” means 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.

(d) “Sexually explicit image” means any image depicting nudity, as defined in s. 847.001, or depicting a person engaging in sexual conduct, as defined in s. 847.001.

(3)(a) Except as provided in paragraph (b), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)(a) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(b) Upon proper affidavits being made, a search warrant may be issued to further investigate violations of this section, including warrants issued to search a private dwelling.

(5) An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:

(a) Injunctive relief.

(b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of this section, whichever is greater.

(c) Reasonable attorney fees and costs.

(6) The criminal and civil penalties of this section do not apply to:

(a) A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11, that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person; or

(b) A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that publishes a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer, or law enforcement agency.

(7) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted person resulting from the offense, occurs within this state.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s