Miami Revenge Pornography Defense Attorney

Dedicated Lawyer Defending Against Sexual Cyberharassment Charges in Miami, Florida

As more and more people share images and videos with each other and post them online, concerns have been raised about violations of privacy. Revenge pornography is one issue that has gained attention in recent years, and laws have been passed to address the harm done when intimate materials are shared without someone's consent. People who are accused of posting revenge porn online may face criminal charges as well as civil penalties.

At The Hoffman Firm, our Miami revenge pornography defense lawyer can help people who are facing these accusations. We will carefully review the evidence, determine whether a person's constitutional rights have been violated, and challenge the prosecution's claims. Because these cases often involve digital forensics, internet activity, and privacy laws, it is crucial to work with an attorney who has experience in cybercrime defense. Our lawyer has the skills needed to address and defend against these charges.

What Is Revenge Pornography?

People may share or post sexually explicit images or videos of another person without their consent. This may be done as an act of retaliation after a breakup or a personal dispute. A person has an expectation of privacy when images or videos are taken or shared within a private relationship, and the unauthorized distribution of these materials can lead to legal consequences.

Examples of revenge pornography include:

• Posting intimate photos or videos of an ex-partner on social media, online forums, or adult websites without their consent.
• Sending explicit images of another person to their family, employer, or social network to humiliate them.
• Sharing images obtained from a private source without permission.

Florida Laws Addressing Revenge Pornography

Revenge pornography is known as sexual cyberharassment under Florida law. A person can be charged with sexual cyberharassment if they publish sexually explicit images or videos of someone else on a website or otherwise share these materials electronically. Materials published without a person's consent, when the person expected that they would remain private, and done with the intent of causing the person to suffer emotional distress, can lead to criminal charges.

Intent plays a critical role in these cases. The prosecution must prove that the accused intended to cause embarrassment, professional consequences, financial harm, or psychological trauma to the alleged victim through the distribution of intimate images.

A person who is accused of sexual cyberharassment may be charged with a first-degree misdemeanor for a first offense. If they are convicted, they could face a jail sentence of up to one year, and they could be fined up to $1,000. A second offense or any additional offenses may result in third-degree felony charges, and in these cases, a conviction carries a maximum prison sentence of five years as well as potential fines as high as $5,000.

Additionally, the alleged victim may pursue a civil lawsuit against the accused, seeking damages for emotional distress and other harm caused by the unauthorized distribution of their images. If the alleged victim wins a lawsuit, they may receive injunctive relief that may require the alleged offender to take down any images or videos they have shared, as well as monetary damages of $10,000 or the actual financial losses they have suffered, whichever is more.

Defending Against Revenge Pornography Charges

If you are facing charges of revenge pornography, a strong legal defense can help you protect your rights and avoid consequences that could affect you in the future. Our lawyer will carefully analyze the case to identify potential defenses, which may include:

• Lack of Intent: The prosecution must prove that the images were shared with the intent to harm the victim. Our attorney may be able to show that there was no malicious intent.
• Consent to Distribution: The alleged victim may have previously agreed to the images being shared or made public.
• False Accusations: Some revenge pornography cases are based on personal disputes during breakups or other situations. Our lawyer can investigate inconsistencies in the accuser's claims to determine whether the charges are based on false claims.
• Lack of Evidence: The prosecution must prove beyond a reasonable doubt that the accused was responsible for sharing the content in question. If there is no direct evidence linking the accused to the online distribution of images or videos, the case may be dismissed.

Contact Our Miami, FL Sexual Cyberharassment Defense Lawyer

If you are facing accusations of offenses related to revenge pornography, you will need strong legal representation as you defend against these charges. Contact the Miami revenge porn defense lawyer at The Hoffman Firm today. Call 305-249-0090 to arrange a free consultation.