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Miami Revenge Porn Lawyer

Revenge porn is also known as nonconsensual pornography. It refers to any sexually explicit image or video of an individual that is created and/or shared without his or her consent. It does not matter whether an image was initially created by the victim or by another party – if it was shared or used in any way without the victim’s precise permission, it is nonconsensual and therefore, illegal. The term “revenge” refers to the reality that in many cases of nonconsensual pornography, images and videos are created and shared in an attempt to harm the victim. Often, this is done by a former romantic partner or another party hoping to hurt the victim’s reputation with friends, loved ones, his or her employer, and potential new partners and employers. It is a criminal act that can carry steep penalties for individuals convicted. If you are facing a revenge porn charge, work with an experienced Miami revenge porn lawyer to fight the charge.

Consent is Key in All Sex Crime Cases

Creating and spreading nonconsensual pornography is a sex crime. Like other sex crimes, such as sexual assault, the victim’s consent or lack thereof is what marks the difference between a legal and illegal act.

In Florida, publishing revenge porn is a first degree misdemeanor for an individual’s first conviction. For a second or subsequent conviction, it is a third degree felony. Individuals convicted of first degree misdemeanors can face up to one year in jail and a fine of up to $1,000.

Individuals convicted of third degree felonies can face up to five years in prison and a fine of up to $5,000. If the victim is a minor, the defendant could face charges for the possession and publishing of child pornography, which carry even steeper penalties. This law, the Florida Sexual Cyberharassment Act, went into effect in 2015.

Defenses Against a Revenge Porn Charge

Being charged with creating or publishing revenge porn does not necessarily mean you will be convicted of your charge. Your lawyer can work with you to develop a solid defense strategy to demonstrate your innocence. A few potential defense strategies to use when facing a revenge porn charge include:

  • The victim consented to publishing the image or video;
  • You were arrested without law enforcement having probable cause to believe you violated Florida’s sexual cyberharrassment law;
  • You were not the party that created or published the illegal content; and
  • You did not willfully or maliciously create or share the content online.

Contact Our Experienced Miami Revenge Porn Lawyers

If you have been charged with creating or spreading explicit images of an individual without his or her consent, you could be facing substantial penalties. Start working with an experienced criminal defense lawyer as soon as possible to develop a legal strategy that will work for your case. To learn more, schedule your initial legal consultation with a member of our team of Miami revenge porn lawyers at Ratzan & Faccidomo, LLC as soon as possible.

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