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Revenge Porn

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.

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.

Lawyer for Revenge Porn Arrests in Miami-Dade County, FL

If you think that you could be under investigation or you were already arrested for an alleged sexual cyberharassment offense in South Florida, it is in your best interest to not say anything to authorities until you have legal representation. You will want to contact The Hoffman Firm as soon as possible.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who aggressively defends clients accused of sex crimes in communities all over Miami-Dade County, including South Miami, Key Biscayne, Miami, Coral Gables, Hialeah, North Miami, Aventura, Opa-Locka, and several others.Revenge 

Call (305) 249-0090 right now to have our lawyer provide a complete evaluation of your case during a free, confidential consultation.


North Miami Revenge Porn Crimes Information Center


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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." 

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; and 
  • 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; or 
      • 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.


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Revenge Porn Penalties in Miami-Dade County

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 one year in jail; and 
      • 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 five years in prison; and 
      • 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; and 
      • Reasonable attorney fees and costs.

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Revenge Porn Resources in Florida

Senate Bill 538 (2015) | The Florida Senate — View the full text of the bill Governor Rick Scott signed on May 14, 2015. The bill criminalized revenge porn in Florida and you can view a history of the bill as well as a summary. You can also view vote history, amendments, and analyses.

Cyber Civil Rights Initiative (CCRI) — The CCRI, a 501(c)(3) nonprofit organization, says on its website that revenge porn, "though frequently used, is somewhat misleading." It states that a more accurate term is "non-consensual pornography (NCP), defined as the distribution of sexually graphic images of individuals without their consent." Use this website to access research, find answers to frequently asked questions, and also read an online removal guide.


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Find a Revenge Porn Defense Attorney in Miami, FL

Were you arrested or do you believe that you might be under investigation in Miami-Dade County for sexual cyberharassment? You should make sure to exercise your right to remain silent until you are able to contact The Hoffman Firm.

Miami criminal defense lawyer Evan A. Hoffman represents residents and visitors in Key Biscayne, Miami Beach, Coral Gables, Homestead, Hialeah, Doral, Aventura, North Miami, South Miami, and many other surrounding areas in South Florida. 

You can have our attorney review your case and help you understand all of your legal options when you call (305) 249-0090 or submit an online contact form to schedule a free initial consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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