Review Us
Kaylor Law Group
Speak with one of our attorneys today 863-614-1681

Looking at Florida’s sexual cyberstalking law, P.1

As the Internet, social media, and mobile devices increasingly become an all-pervasive reality of life, there are more and more opportunities for criminal activity to take place via these mediums. One area where this is evident is with child pornography, sexting and so-called “revenge porn.” Here in Florida, the latter has been in the news more and more in recent months, particularly after the passage of Florida’s revenge porn law last year.

Florida’s law regarding revenge porn, also known as sexual cyberharassment, makes it a misdemeanor to “willfully and maliciously” publish a sexually explicit image of another person that includes the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intention of causing that person substantial emotional distress. Second and subsequent convictions constitute a third-degree felony. 

At present, there is no federal law specifically targeting revenge porn, though one lawmaker, Rep. Jackie Speier, has proposed legislation that would make it a federal crime to post online or distributed nude or sexually explicit images with out of “reckless disregard” for the consent of the individual in the images. It remains to be seen what will become of that proposal.

Those who face charges under Florida’s revenge porn law, of course, should work with an experienced criminal defense attorney to protect their rights throughout the criminal process and to build the strongest possible defense case. This is particularly important when it comes to search and seizure issues. We’ll consider this issue further in our next post.

Sources:

Florida Statute 784.049

The Hill, “Revenge porn bill unveiled after struggle to bring tech on board,” Mario Trujillo, July 14, 2016. 

No Comments

Leave a comment
Comment Information
Contact US Email Us For A Response

Receive the answers you need

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Locations

Lakeland Office
3001 Bartow Road
Lakeland, FL 33803

Toll Free: 888-868-0331
Phone: 863-614-1681
Fax: 863-665-8771
Lakeland Law Office Map

Lakeland Office

Winter Haven Office
375 E. Central Avenue
Winter Haven, FL 33880

Toll Free: 888-868-0331
Phone: 863-614-1681
Fax: 863-665-8771
Map & Directions

Winter Haven Office
Rotary International
Local: 863-614-1681 Toll Free: 888-868-0331