What Is Considered Revenge Porn Under Florida Law?

 Posted on April 15, 2026 in Sex Crimes

Revenge porn is defined in Florida as sharing or posting sexually explicit images of another person online without their consent and with the intent to cause them emotional distress. Florida has also recently expanded its laws to cover AI-generated deepfake sexual images.

These laws are being enforced aggressively, and a charge can result in serious criminal penalties. If you are facing a charge like this in 2026, the Broward County, FL sex crimes defense lawyer at The Hoffman Firm can help.

What Is Sexual Cyberharassment Under Florida Law?

Florida Statute § 784.049 is the main law covering what most people call revenge porn. The statute uses the term sexual cyberharassment. The law extends to any image that includes information that identifies someone. The intent to cause substantial emotional distress is a core part of the statute.

Even if someone willingly shared an intimate image with a partner, that does not mean the partner can post it publicly. The person in the image keeps a reasonable expectation of privacy. Sharing it without permission violates that expectation and can result in criminal charges.

What Counts as a Sexually Explicit Image Under Florida Law?

Under Florida law, a sexually explicit image is any photo, video, or other visual content that shows nudity or a person engaged in sexual conduct. Nudity in this context is defined the same way it is under Florida Statute § 847.001 and generally refers to the exposure of private body parts.

The image does not have to be graphic to qualify. A photo showing nudity is enough. The law covers photos and videos taken with phones, cameras, or any other device. It also covers images shared through any electronic means, including text messages, email, social media, and adult websites.

What Elements Must Be Proven To Convict Someone of Revenge Porn in Florida?

To convict someone of sexual cyberharassment in Florida, the prosecution must prove several things beyond a reasonable doubt:

• The defendant published or electronically shared a sexually explicit image.

• The image was posted to a website or shared through electronic means.

• The image contained or conveyed personal identifying information about the person depicted.

• The person depicted did not consent to the sharing of the image.

• The defendant acted willfully and maliciously.

• The defendant had no legitimate purpose for sharing the image.

• The defendant intended to cause substantial emotional distress to the person depicted.

If any one of these elements cannot be proven, the charge should not result in a conviction. This is where a skilled defense attorney can make a real difference.

What Are the Penalties for Sexual Cyberharassment in Florida?

A first offense under Florida Statute § 784.049 is a first-degree misdemeanor. It carries up to one year in jail and a fine of up to $1,000. A second or subsequent offense is a third-degree felony, which carries up to five years in prison and a fine of up to $5,000.

Beyond criminal penalties, the person depicted in the image can also sue the defendant in civil court. Under § 784.049(5), a victim can seek injunctive relief, a minimum of $5,000 in damages, and attorney fees. The combination of criminal charges and a civil lawsuit can have an enormous impact on a person's finances, reputation, and future.

What Changed With Florida's New Deepfake Law?

Florida recently closed a major gap in its revenge porn laws. Under House Bill 757, effective October 1, 2025, it is now a crime to willfully create, possess, or distribute an altered sexual depiction of an identifiable person without their consent. An altered sexual depiction includes AI-generated images, digitally manipulated photos, and other computer-generated content that places a real person's face or likeness into explicit sexual material, even if that person was never actually in the image.

Before this law was passed, someone could potentially escape liability by arguing the image was not real. That argument is no longer available. Florida now treats AI deepfakes with the same seriousness as real intimate images shared without consent. Violations can result in felony charges depending on the circumstances, including what the content depicted and whether the victim was a minor.

What Defenses Are Available in a Sexual Cyberharassment Case?

There are real defenses available in a revenge porn case, depending on the facts of the case.

Lack of Intent

Lack of intent is one of the strongest defenses. The statute requires that the defendant acted with the intent to cause substantial emotional distress. If there is no evidence of that intent, the charge may not hold up.

Consent

Consent can also be a defense if the person depicted actually agreed to the public sharing of the image. This must be genuine and clear consent, not just an assumption.

Lack of Personal Identification

Lack of personal identifying information in the image is another potential defense. The statute requires that the image contain or convey information that identifies the depicted person. If the person cannot be identified from the image, that element may not be met.

Violation of Constitutional Rights

Unlawful search and seizure issues can also arise. If police obtained evidence through an illegal search of a phone or computer, your attorney may be able to have that evidence suppressed.

Schedule a Free Consultation With Our Fort Lauderdale, FL Revenge Porn Defense Attorney

Attorney Evan Hoffman is experienced and aggressive when it matters most, while bringing genuine compassion and personalized attention to every client he represents. He understands how difficult and stressful these situations are and is committed to giving you the focused, dedicated defense you deserve.

Call The Hoffman Firm at 954-524-4474 today to speak with a Broward County, FL sex crimes defense lawyer. We are available 24/7 and will even travel to you if necessary.