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Criminal Defense Lawyer in Orlando, FL

Sexual Cyber-Harassment Lawyer in Orlando, FL

Though it causes no physical damage, Sexual Cyber-Harassment is still a serious crime that can lead to significant emotional distress and long-term consequences. If you’ve been charged with sexual cyber-harassment, contact Hanlon Law today to start building your best possible defense. 


What is Sexual Cyber-Harassment?


Florida Statute 784.049 defines sexual cyber-harassment, more commonly known as revenge porn, as the act of publishing sexually explicit content with identifying information online without the consent of the person(s) depicted in said content. 


Content on the internet can easily be downloaded, duplicated, shared, or otherwise spread quickly and easily, leading to a permanent, sexually explicit record that can cause life-long consequences for the victim. This statute, then, is predicated on the reasonable expectation that any sexually explicit content created or shared with another individual will remain private between the sender and sendee, and any publication of such content violates the sender’s right to privacy. 


As privacy is the right in question, the statute requires that the relevant sexually explicit content must include some kind of identifying information in order to qualify as a violation. This could be as simple as the person’s name or social media handle, or as detailed as their phone number, address, date of birth, Social Security number, driver’s license number, etc. 


What Qualifies as Sexually Explicit Content? 


Sexually explicit content, in this instance, may refer to digital images, photographs, videos, or audio files of a sexual nature. This includes depictions of sexual acts, simulated sexual acts, full or partial nudity (including see-through clothing), and any contact with a peron’s clothes or unclothed genitals. 


It’s important to note that Florida Statute 784.049 applies to any and all content created or released within the state. This means that any content created in Florida, no matter where it is later released, will fall under this statute. Similarly, content created elsewhere but released within the state of Florida will also fall under this statute. 


So, for example, if you and a partner film a sexually explicit video together in the state of Florida, and you later publish that video online while living in another state, Florida law will still consider the crime under its jurisdiction, as the content itself originated in Florida. The same is true if you and a partner were to film a sexually explicit video in another state, and you later publish that video online while living in Florida. 


What Are the Consequences of Sexual Cyber-Harassment?


Statute 784.049 denotes sexual cyber-harassment as a first-degree misdemeanor for first-time offenders. As such, it is punishable by up to 12 months in jail (or up to 12 months of probation), and a fine of $1,000. 


Any subsequent charge of sexual cyber-harassment, however, will be considered a third-degree felony, which is punishable by up to 5 years imprisonment (or up to 5 years of probation), along with a $5,000. You may also be responsible for court fees. 


In addition to criminal proceedings, the alleged victim may also pursue an injunction (restraining order) in civil court. They may also sue, meaning you may be responsible for monetarily compensating them for their emotional distress. Often, this would be $5,000 in damages, or actual damages, whichever is greater, along with their attorney fees and court costs. Damages, in such cases, can include everything from the cost of psychiatric treatment to address emotional distress to the cost of moving to a new address if their personal address was linked to the explicit content. 


It’s important to note that you can be arrested for sexual cyber-harassment without a warrant, so long as the law enforcement officer performing the arrest has reasonable cause to believe you committed sexual cyber-harassment. 


How to Defend Against Sexual Cyber-Harassment Charges


In order to secure a conviction of sexual cyber-harassment, the prosecution must prove the following beyond a reasonable doubt:


  • Sexually Explicit in Nature: The sexually explicit nature of the content is rarely up for contention – though, in some cases, the type of image or video released may be “tame” enough that the argument is worth making. 
  • Identifying Information: The requirement for the inclusion of identifying information, however, can be subjective. Arguing anonymity may be enough to defeat the case. For example, just including someone’s first name, especially if that name is very common, may not be considered specific enough to the individual for anyone to identify them from that information alone. 
  • Publication: The content must have been published online. Simply sharing the content via email or text message does not actually constitute ‘publication.’
  • Consent: The depicted individual did not consent to the publication. This is not often up for debate, unless you have physical evidence or witnesses that can prove otherwise.
  • No Legitimate Purpose: There are few legitimate purposes for the publication of sexually explicit content without the depicted individual’s consent, though it’s not impossible. For example, a journalist who does not know the depicted person(s) may argue that they published the content strictly for journalistic purposes.
  • Willful and Malicious Intent: The prosecution must show that the defendant published the content in question willfully and maliciously. Willful, meaning they intentionally published the content, or were aware that their actions would lead to the content’s publication. Malicious, meaning they intended for the publication to cause the alleged victim emotional distress or upset.


Sexual Cyber-Harassment Defense Lawyer


Though the burden of proof lies on the prosecution, it’s still important to have an expert defense attorney on your side to help you navigate their arguments and build a proper case for yourself. At Hanlon Law, our team offers nearly two decades of experience. With our aggressive approach and dedicated attention, we’ll help you secure the best possible outcome. Contact Hanlon Law today to schedule a free consultation.

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