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Revenge Porn Laws in Florida

How Florida law treats revenge porn (sharing intimate images): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Yes. Florida calls it sexual cyberharassment: willfully and maliciously posting online or sending electronically a sexually explicit image of a person without consent, contrary to their reasonable expectation of privacy, with their identifying information included or posted alongside. Fla. Stat. § 784.049; Fla. Stat. §§ 775.082, 775.083

Revenge porn (sharing intimate images)Yes. Florida calls it sexual cyberharassment: willfully and maliciously posting online or sending electronically a sexually explicit image of a person without consent, contrary to their reasonable expectation of privacy, with their identifying information included or posted alongside. A first offense is a first-degree misdemeanor (up to 1 year and $1,000), and a second offense is a third-degree felony (up to 5 years). Doing it for money or financial gain is a third-degree felony, and a repeat for-profit violation is a second-degree felony. Victims may sue for an injunction, the greater of $10,000 or actual damages, punitive damages, and attorney fees.
Penalties (§§ 775.082, 775.083): capital felony - death or life without parole; life felony - up to life and $15,000; first-degree felony - up to 30 years and $10,000; second-degree felony - up to 15 years and $10,000; third-degree felony - up to 5 years and $5,000; first-degree misdemeanor - up to 1 year and $1,000; second-degree misdemeanor - up to 60 days and $500.

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FAQ

Is revenge porn illegal in Florida?
Yes. Florida calls it sexual cyberharassment: willfully and maliciously posting online or sending electronically a sexually explicit image of a person without consent, contrary to their reasonable expectation of privacy, with their identifying information included or posted alongside. A first offense is a first-degree misdemeanor (up to 1 year and $1,000), and a second offense is a third-degree felony (up to 5 years). Doing it for money or financial gain is a third-degree felony, and a repeat for-profit violation is a second-degree felony. Victims may sue for an injunction, the greater of $10,000 or actual damages, punitive damages, and attorney fees.
Can I get a court-appointed lawyer for revenge porn (sharing intimate images) in Florida?
Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52
How much does a lawyer for revenge porn (sharing intimate images) cost in Florida?
Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for revenge porn (sharing intimate images) in Florida?
How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.
Can a conviction for revenge porn (sharing intimate images) be removed from my record in Florida?
Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.