At Buda Law, Tampa sex crime defense attorney Andrew Buda provides strategic legal representation for individuals accused of revenge porn and other sex-related charges. With a focus on protecting your rights and building a strong defense, our firm is prepared to respond quickly and effectively to your case.
Read on to learn more about Florida revenge porn law or call (813) 322-2832 to schedule a free and confidential consultation with a member of our Tampa criminal defense law firm today.
What is Considered Revenge Porn?
Also referred to as nonconsensual pornography, revenge porn is an abusive and sometimes retaliatory tactic used to embarrass, control, or punish individuals depicted in sexually explicit images. Often, but not always, the person depicted in these images is a current or former partner of the person distributing the images.
Revenge Porn Definition
Revenge porn involves electronically distributing sexually explicit images containing personal identification information of the person depicted. Distribution occurs without the depicted person’s consent and with the intent to cause substantial emotional distress. Images can include any picture, film, video, motion picture, or other similar visual depictions that show nudity or a person engaging in sexual conduct.
Is Revenge Porn Illegal in Florida?
Yes. Florida law classifies revenge porn as a type of sexual cyberharassment, which is a crime.
While accusations of revenge porn can be stressful and intimidating, accusations do not automatically lead to conviction. The prosecution must prove guilt beyond a reasonable doubt to successfully charge someone with a crime. In revenge porn cases, this involves proving several key aspects that factor into the crime.
FSS Revenge Porn
Understanding the nuances of revenge porn laws can increase your chances of avoiding conviction. Florida Statute § 784.049 outlines details regarding revenge porn and sexual cyberharassment. Specifically, to qualify as sexual cyberharassment, cases must involve the following factors:
- Electronic distribution of sexually explicit images
- Personal identification information
- Lack of consent from the depicted person
- Violation of reasonable privacy expectations
- Lack of a legitimate purpose to share images
- Intent to cause substantial emotional distress
State law establishes that a person depicted in a sexually explicit image retains a reasonable expectation that such images will remain private. The expectation of privacy remains intact even when the image was taken with the person’s consent and was willingly shared with another individual, such as an intimate partner.
Individuals in such images can suffer severe potential psychological harm when those images are shared against their will. Florida law recognizes this risk and the unfortunate common practice of distributing sexually explicit images without consent and with the intent to cause emotional distress. As such, the law prohibits the nonconsensual distribution of sexually explicit images.
As an experienced criminal defense attorney in Tampa, FL, Andrew Buda understands the key aspects of Florida revenge porn laws. He can provide crucial insight that will prepare you for your case.
What Qualifies as Distribution of Intimate Images Without Consent in Florida?
To understand issues related to image distribution, it is important to first define what qualifies as an intimate image. Florida law considers intimate images to include depictions of nudity or sexual conduct that cannot be shared without consent. Legally, nudity includes the display of male or female genitals, female breasts, or even covered male genitals that are noticeably sexually aroused.
For a sexual cyber harassment charge to apply, the images must also contain personal identification information or details that make it possible to identify the individual. This can include a name, address, or unique physical identifiers such as the person’s face.
Florida Statute § 836.13 further extends these protections by prohibiting the distribution of altered sexual depictions of an identifiable person. These can include AI-generated or “deep fake” images where nude body parts are digitally placed onto another person, or fabricated visuals suggesting sexual activity that never occurred. The law recognizes that these manipulated depictions can be just as harmful as authentic images.
The statute also makes clear that “distribution” is not limited to one method of sharing. An offense occurs when explicit images are published to a website or transmitted electronically to another person. This broad definition means a wide range of actions can qualify as unlawful distribution of intimate images, such as:
- Uploading explicit photos to the internet/website without consent
- Sending intimate images by text or message during a breakup
- Posting private content on social media in retaliation
- Sharing explicit files via email or apps that include identifying details
Is Revenge Porn a Felony?
Revenge porn charges vary depending on the circumstances of each case. First offenses qualify as first-degree misdemeanors. Prior conviction of sexual cyber harassment charges or certain aggravating factors, however, can elevate charges to third and even second-degree felony levels.
Potential aggravating factors include the extent of distribution, cyberstalking, and threats. Additionally, if the alleged victim is a minor, the defendant will face child pornography charges. In such cases, defendants should seek immediate legal representation from a Tampa child pornography defense lawyer at Buda Law.
Florida Revenge Porn Law Penalties
Since sexual cyber harassment can be charged at different levels, the criminal penalties for this crime vary. Generally speaking, penalties may include fines, jail time, probation, and restraining orders.
A first-time sexual cyber harassment conviction is typically charged as a first-degree misdemeanor in Florida, which can lead to a prison sentence of up to one year and a fine of up to $1,000.
If someone has already been convicted of sexual cyberharassment once before and is caught doing it again, the charge also becomes a third-degree felony offense in Florida, potentially resulting in up to five years in prison and $5,000 in fines, among other penalties.
It’s important to note that if the images are shared to make money or for any type of financial gain, the charge is automatically a third-degree felony, even for a first-time offense. For anyone who repeats this type of financially motivated offense, the crime is raised to a Florida second-degree felony, which can mean up to 15 years in prison, along with heavy fines and a slew of other long-lasting consequences.
Additional Consequences of Sharing Porn Illegally in Florida
In addition to criminal penalties handed down by the court, a revenge porn conviction can create long-lasting consequences that reach into nearly every aspect of life. A conviction of this nature can damage both personal and professional reputations. Relationships may suffer, and colleagues or clients may no longer wish to work with you. This type of reputational harm can also carry weight in sensitive legal matters, including child custody disputes or immigration proceedings.
Because Florida criminal records are easily accessible to the public, the impact of a conviction extends far beyond the immediate aftermath. Future employment opportunities, housing applications, and personal relationships may all be affected. Online exposure of such charges can make it especially difficult to move forward.
Florida law also provides alleged victims with the ability to pursue a civil lawsuit. This separate legal process may include injunctive relief, such as restraining orders, as well as financial recovery for the aggrieved person. With a civil action, courts can order convicted individuals to pay monetary damages, including up to $10,000 in statutory damages or the total of actual damages incurred (whichever amount is greater). In addition, defendants may be held responsible for covering reasonable attorney fees and litigation costs.
Florida Revenge Porn Statute of Limitations
Criminal prosecution limitations depend on the severity of the crime. Prosecution for felonies in the second or third degree must begin within 3 years of when the crime was committed. For misdemeanors in the first degree, prosecution must begin within 2 years after the crime occurred.
Civil lawsuits for revenge porn must be filed within three years of the date of the incident.
Do You Need a Criminal Defense Attorney for Revenge Porn Charges in Florida?
If you are facing allegations of revenge porn in Florida, it is critical to consult a criminal defense lawyer as soon as possible. The legal, personal, and professional consequences of a revenge porn conviction are far too serious to risk handling on your own. An experienced defense attorney can challenge the evidence, protect your rights, and work to have the charges reduced or dismissed.
Why Choose Buda Law as Your Tampa, FL Revenge Porn Lawyer?
As a former prosecutor turned Pinellas County and Hillsborough County criminal defense attorney, Andrew Buda’s familiarity with local courts and prosecutors gives him valuable insight into how cases are approached and resolved in Tampa. He and his experienced legal team at Buda Law have successfully defended clients facing a wide range of charges, including highly sensitive matters. They provide aggressive yet discreet representation, working tirelessly to protect your rights, safeguard your privacy, and pursue the best possible outcome for your future
Defending Against Revenge Porn Accusations
Being accused of sexual cyberharassment under Florida law is a serious matter. Prosecutors must prove that the image depicting nudity clearly identifies a depicted person as a specific person and that it was distributed without consent. In some cases, the evidence may not meet these requirements, and the charges can be challenged.
A skilled criminal defense attorney can review whether the prosecution followed the proper procedures, including filing proper affidavits and meeting all legal standards. Your lawyer can also examine whether the alleged image shows a person engaging in actual sexual conduct or whether the evidence is altered or unreliable.
If you are facing accusations of revenge porn, you need experienced legal counsel who can explain your legal options and develop a defense strategy tailored to your case. With the right representation, it may be possible to suppress evidence, negotiate reduced charges, or secure a dismissal altogether.
Schedule a Free & Confidential Consultation With Buda Law Today
In Florida, allegations of sharing intimate pictures without consent (aka revenge porn) are treated with the utmost seriousness. Prosecutors may view each instance of distribution as a separate offense, multiplying the potential penalties you face and creating lasting consequences for your reputation, career, and future. These are not the kind of criminal charges you should face alone. With so much at stake, having experienced legal counsel by your side is essential.
At Buda Law, we serve clients throughout the Tampa Bay Area. Our Hillsborough & Pinellas County criminal defense attorneys have the experience to evaluate the details of your case, identify weaknesses in the prosecution’s evidence, and pursue every available defense strategy.
Call (813) 322-2832 or use our online contact form to schedule your free consultation with Buda Law today. Our mission is to protect your rights and fight for the best possible outcome in your case.