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SEX CRIMES

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Miami Revenge Porn Lawyer

Also Serving Clients in Fort Lauderdale

Revenge porn is a relatively recent phenomenon that refers to the practice of distributing sexually explicit photographs or videos without the consent of an individual featured in the images. Some people refer to this practice as "non-consensual pornography," but Florida Statute § 784.049 refers to these types of activities as constituting the crime of sexual cyberharassment. If you were charged with such a crime, you need an experienced Miami revenge porn lawyer on your side who can fight for you. With more than 25 years of proven results, The Hoffman Firm knows what it takes to fight for you.


If you are in Miami call (305) 928-1669 now for more information. If you are in Broward County call 954-737-3004.


Sexual cyberharassment can result in misdemeanor or felony criminal charges, but a conviction can also result in potential civil liability. Florida Statute § 784.049(4)(a) establishes that an officer does not need a warrant to arrest any person that he or she has probable cause to believe has violated the state sexual cyberharassment law, and search warrants can be issued under Florida Statute § 784.049(4)(b) to further investigate alleged revenge porn violations—including warrants issued to search private dwellings—when proper affidavits have been filed.

Florida Revenge Porn Definitions

Under Florida Statute § 847.001(16), sexual conduct is defined as "actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed."

Continued Definitions

Other important definitions relating to sexual cyberharassment offenses established under Florida Statute § 784.049(2) include the following:

  • Sexually cyberharass — to publish a sexually explicit image of a person that contains or conveys the personal identification information of the depicted person to an Internet website without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person
  • Sexually explicit image — any image depicting nudity or depicting a person engaging in sexual conduct.
  • Image — includes, but is not limited to, any photograph, picture, motion picture, film, video, or representation
  • Personal identification information — defined under Florida Statute § 817.568 as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any:
    • Name
    • Postal or electronic mail address
    • Telephone number
    • Social security number
    • Date of birth
    • Mother’s maiden name
    • Official state-issued or United States-issued driver license or identification number
    • Alien registration number
    • Government passport number
    • Employer or taxpayer identification number
    • Medicaid or food assistance account number
    • Bank account number
    • Credit or debit card number
    • Personal identification number or code assigned to the holder of a debit card by the issuer to permit authorized electronic use of such card
    • Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation
    • Unique electronic identification number, address, or routing code
    • Medical records
    • Telecommunication identifying information or access device
    • Other number or information that can be used to access a person’s financial resources

Florida Statute § 847.001(9) further notes that nudity is defined as "the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state."

A mother’s breastfeeding of her baby does not under any circumstance constitute sexual conduct or nudity, irrespective of whether or not the nipple is covered during or incidental to feeding.

Revenge Porn Penalties in Miami & Fort Lauderdale

Under Florida Statute § 784.049(3)(a), a person who willfully and maliciously sexually cyberharasses another person commits a first degree misdemeanor, punishable by:

  • Up to 1 year in jail
  • Fine of up to $1,000

Florida Statute § 784.049(3)(b) states that a second or subsequent sexual cyberharassment offense is a third degree felony. A conviction is punishable by:

  • Up to 5 years in prison
  • Fine of up to $5,000

Florida Statute § 784.049(5) further establishes that an aggrieved person can initiate a civil action against a person who violates Florida Statute § 784.049 to obtain all appropriate relief in order to prevent or remedy a violation of this section.

Such relief may include:

  • Injunctive relief
  • Monetary damages to include $5,000 or actual damages incurred as a result of the violation, whichever is greater
  • Reasonable attorney fees and costs

Defending Yourself against the Charges

Were you arrested or do you believe that you might be under investigation for sexual cyberharassment? You should make sure to exercise your right to remain silent until you are able to contact The Hoffman Firm. Attorney Evan Hoffman has handled thousands of criminal cases throughout his career. He is prepared to fight for your best possible outcome.


Schedule your free consultation today by calling 305-928-1669 if you case is out of Miami, 954-737-3004 if you case is out of Broward County, or contacting us online.


 

Why Should You Hire The Hoffman Firm? Here Are a Few Reasons:

  • Client-Focused Representation
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  • Decades of Experience
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    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
  • Proven Track Record
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  • Florida Former State Prosecutor
    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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