Florida Governor Rick Scott began October by signing twenty-seven new laws for citizens of the state of Florida to abide by. Florida has joined over a dozen other states in the United States by making it illegal to post what many call revenge porn. A person can be charged with revenge porn if they post sexually explicit images without the other person’s consent. This law will cause websites that specialize in posting revenge porn to receive a big financial hit, since part of their revenue comes from people having to pay to remove the videos and photos.
What Does Florida’s Revenge Porn Law Say?
Revenge porn has become a common consequence of a couple breaking up in order to cause the former significant other pain and suffering. These private images and videos become available to people throughout the world and can cause a person a great deal of psychological harm, which is why the Florida legislature has taken steps to prevent this from continuing in Florida.
For a person to be charged with revenge porn in Florida, the post must include a depiction of a person or information identifying a person who did not provide consent. Under the law, the sexual cyber-harassment must be an explicit image posted without the person’s consent to cause the person a great deal of emotional distress. As long as a police officer has probable cause, a person can be arrested for revenge porn without a warrant. A search warrant can also be obtained to further investigate a person’s dwelling if proper affidavits are made.
Penalties for Posting Revenge Porn
A person who posts revenge porn will be charged with a first-degree misdemeanor. A person convicted of this sexual cyberharassment could face up to a year in jail. However, these penalties can become extremely severe if a person is considered a repeat offender. Those who are considered repeat offenders will be convicted of a felony in the third degree and charged with a prison sentence of up to five years. These are the current penalties; however, based on commentary from senate sponsor, David Simmons, the legislature may try to impose harsher penalties in the future. In addition to criminal penalties, the person who was not given the opportunity to provide consent could sue for civil damages to remedy or prevent further violation. These damages may include actual damages or a monetary damage of $5000, whichever is greater.
How Will This Law Affect You?
If you have recently posted a video that you may be concerned would be classified as revenge porn or you are being accused of doing so, a lawyer will be able to explain how the new law may affect you. Our attorneys at Moses and Rooth are available to discuss the facts of your case and prepare a defense that is tailored to your needs. Contact our firm at 407-377-0150 so we can schedule an initial consultation and begin compiling the necessary evidence for your case.
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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