Revenge Porn

The phrase “revenge porn” refers to the practice of distributing sexually explicit photographs or videos without the consent of an individual featured in the images. The Cyber Civil Rights Initiative (CCRI), a 501(c)(3) nonprofit organization, says on its website that revenge porn, “though frequently used, is somewhat misleading,” and states that a more accurate term is “nonconsensual pornography (NCP), defined as the distribution of sexually graphic images of individuals without their consent.”

In the State of Florida, revenge porn offenses are referred to as sexual cyberharassment. Florida law not only imposes harsh criminal penalties for sexual cyberharassment offenses, but people convicted of revenge porn crimes can also face potential civil liability.

Lawyer for Revenge Porn Arrests in Fort Lauderdale, FL

If you think that you might be under investigation or you were already arrested for an alleged sexual cyberharassment crime in Broward County, it is in your best interest to retain legal counsel. Meltzer & Bell aggressively defends clients accused of sex offenses in Hallandale Beach, Hollywood, Margate, Coconut Creek, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, and many surrounding areas of South Florida.

Fort Lauderdale criminal defense attorneys Lawrence Meltzer and Steven Bell will work tirelessly to help you achieve the most favorable possible resolution to your case, including possibly having your criminal charges reduced or dismissed.

Call (954) 745-7457 right now to have our lawyers provide an honest and thorough evaluation of your case during a free initial consultation.


Broward County Revenge Porn Information Center


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Florida Definitions Relating to Revenge Porn Crimes

Florida Statute § 784.049(2) establishes the following definitions relating to the offense of sexual cyberharassment:

  • 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.
  • 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.

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. Under Florida Statute § 847.001(9), 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.”

Florida Statute § 847.001(16) defines sexual conduct 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.”


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Revenge Porn Penalties in Broward County

Under Florida Statute § 784.049(3)(a), a person who willfully and maliciously sexually cyberharasses another person commits a first-degree misdemeanor. A conviction is punishable by up to one year in jail and a fine of up to $1,000.

Second or subsequent sexual cyberharassment offenses result in third-degree felony charges. Such convictions can result in sentences of up to five years in prison and a fine of up to $5,000.

Florida Statute § 784.049(5) also 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, including:

  • 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 criminalizing revenge porn in Florida that was signed by Governor Rick Scott on May 14, 2015. You can view a complete bill history as well as a bill summary. You can also view amendments, analyses, and vote history.

Cyber Civil Rights Initiative (CCRI) — Holly Jacobs, Ph.D., began the End Revenge Porn (ERP) campaign after struggling and hiding for three years as a victim of NCP. One year after ERP’s inception in August 2013, Jacobs incorporated her work into the CCRI. CCRI’s mission is to fight NCP and other forms of online abuse by providing victims with support and referral services, advocating for legislation to address such abuse, collaborating with the tech industry to develop design-based solutions, and educating the courts, lawmakers, law enforcement, and the general public about the nature and prevalence of online abuse.


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Find a Revenge Porn Defense Attorney in Fort Lauderdale, FL

Were you arrested or do you believe that you could be under investigation for sexual cyberharassment in South Florida? No matter how confident you are in your innocence, you should not say anything to authorities until you have first contacted Meltzer & Bell.

Lawrence Meltzer and Steven Bell are experienced criminal defense lawyers in Fort Lauderdale who represents individuals in communities all over Broward County, including Tamarac, Weston, and Wilton Manors, Miramar, Pembroke Pines, Plantation, Pompano Beach, Sunrise, and many others.

You can have our attorneys review your case and answer all of your legal questions when you call (954) 745-7457 or complete an online contact form to schedule a free, confidential consultation.



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