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Creating, Posting, and Sharing Revenge Porn is a Sex Crime

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When you are reeling from a difficult break up or trying to work through your anger at a former friend or lover, it can be very tempting to share embarrassing photos or videos of them online to make them feel the distress you felt because of their actions. But doing so is a sex crime that can lead to penalties like fines, jail time, and even registration with the Florida Sex Offender Registry.

The act of posting and sharing sexually explicit images of another individual without his or her consent is known as nonconsensual pornography. When it is done as a way to seek revenge, it is known as “revenge porn.”

What Type of Material can be Construed as Revenge Porn?

Any type of pornographic material that is produced and shared without the consent of all its participants can be deemed to be revenge porn. This can include still images and videos.

A piece of media that was initially shared consensually can be considered to be revenge porn if it is shared outside the scope of the creator’s original consent. For example, if an individual shares private nude photos with a romantic partner, then the romantic partner shares those photos on social media without the subject’s consent, the partner may be charged with distributing revenge porn.

There are many scenarios that can lead to a revenge porn charge for an innocent person. One example is an alleged victim claiming that he or she did not consent, despite having actually done so. Another is charging an innocent individual with an act that another committed.

How is Revenge Porn Charged?

In 2015, the Florida Cybersexual Harassment Act went into effect. This new law provided clear definitions and charging schedules for various forms of online sexual harassment. For a first time offense, publishing revenge porn is a first degree misdemeanor. An individual convicted of this offense can face up to one year in jail and a $1,000 fine. For a second or subsequent charge, the individual can be convicted of a third degree felony, which is punishable by up to five years in prison and a fine of up to $5,000.

If the victim of an act of revenge porn was a minor when it occurred, the defendant can be charged with distributing child pornography. Depending on the circumstances of the alleged offense, this can be charged as a third or second degree felony, for which the defendant can face up to 15 years in prison, a fine of up to $10,000, and registration with the Florida Sex Offender Registry.

Work with an Experienced Miami Criminal Defense Lawyer

If you have been charged with any type of sex crime, whether it involved posting or sharing revenge porn or another alleged action involving another person without his or her consent, it is important to your future liberty and reputation that you work with an experienced Miami criminal defense lawyer to fight the charge. To get started, contact Ratzan & Faccidomo, LLC today to schedule your initial consultation in our office.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

Ratzan & Faccidomo, LLC, Attorneys at Law, is located in Miami, FL and serves clients in and around Miami, Key Biscayne, Miami Beach, Hialeah, North Miami Beach, Opa Locka and Miami-Dade County.
Miami Criminal Defense

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Telephone: 305-600-3519
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