Revenge Porn Can Hurt You More Than Your Ex

Revenge Porn Can Hurt You More Than Your Ex


Posted on Nov 01st 2017

Romantic relationships end every day under both amicable and hostile terms. Sometimes, when a relationship ends under hostile pretenses, it can be tempting to make the other person feel sad, ashamed, or embarrassed. In the heat of the moment, it may even seem like a good idea to share sexually explicit images of a former partner. But even if the images were taken with your former partner’s consent, they can not be legally published to a website without the person’s consent. Doing so could result in charges under Florida’s revenge porn statute.

Adam Stout, Gainesville criminal attorney at Stout Defense, P.A., can assist you if charges under Florida’s revenge porn statute are filed against you.


What Is Sexual Cyber Harassment in Florida?

Sexual cyber harassment is more frequently known as “revenge porn” due to the nature of the act. Some people think they can “get back at” an ex by publicly sharing nude or sexually compromising images of the person.

Sexual cyber harassment occurs when a person publishes sexually explicit image(s) of another person including personal identifying information of the person depicted. The image is published to a website without the depicted’s consent, having no legitimate purpose and the intent of causing extraordinary emotional distress for the depicted person. The image(s) published must have had consent by the depicted party when taken to differ revenge pornography from video voyeurism.

Sexual cyber harassment became a misdemeanor in Florida on Oct. 1, 2015, and is similar to the law of 12 other states. Revenge pornography is generally posted following a contentious relationship, with former husbands, wives, girlfriends, boyfriends, or lovers as the depicted person. But, the statute only applies to content posted on websites, meaning images can still be legally shared through text messaging, email, and/or social media networks as laws are slow to catch up to ever-advancing technology.

If you have been charged under Florida’s revenue porn statute, Gainesville criminal defense attorney Adam Stout can advise and assist you through the ensuing legal process.

What Are The Penalties?

The aftermath following the release of explicit images won’t just be felt by the victim. There are serious consequences for sexual cyber harassment, so it’s important to consider those outcomes before you go through with publishing the images in question. Is humiliating your ex worth the cost of being caught and charged?

If you are charged under Florida’s revenge porn statute, there are both criminal and civil penalties at hand. A defense attorney in Gainesville, FL can advise you of possible penalties and during the legal process.

First Offense

A first-degree misdemeanor, a first offense of sexual cyber harassment carries a penalty of up to one year in jail, one year of probation, and fines of $1,000.

Second Offense

A second offense carries a third-degree felony charge with a penalty of up to five years in prison, five years of probation, and $5,000 in fines.

Civil Damages

Defendants can also be subject to a civil lawsuit and monetary penalties or a copyright lawsuit. A civil lawsuit can seek injunctive relief, along with monies for damages, reasonable attorney’s fees, and court costs. A copyright lawsuit can be brought if the alleged victim owns copyright to the image(s), although this type of lawsuit is usually filed against the website hosting the image(s) to force removal.

Contact Stout Defense, P.A.

Conviction of revenge porn carries serious criminal and civil penalties. The weight of such penalties can make a revenge porn charge appear daunting. Before you click “submit”, take a moment to reflect on your surrounding, belongings, and life in general. Are you willing to throw away everything you have to get back at someone? Is hurting another person’s image and feelings worth jail time, fines and a lasting record that could hinder employment opportunities and housing options?

If you have already submitted a compromising image of someone, it’s not too late. Contact Adam Sout, an experienced criminal defense lawyer in Gainesville, Florida. He brings a professional and experienced approach to every case he handles.