Can I Go To Jail For Posting Revenge Porn?
There’s nothing quite as gut-wrenching as finding out your ex has maliciously shared your intimate images and videos online without consent.
The emotional devastation of having your privacy violated in such a cruel, humiliating way can scar victims for life.
But revenge porn isn’t just a despicable crime – it’s also a serious criminal offense that can land the perpetrator behind bars.
So if you’ve posted explicit content to shame or harass an ex-partner, you’d better brace yourself. Because in Florida, revenge porn charges pack a punch that could completely derail your life.
Let’s dive into the harsh realities around the question: can I go to jail for posting revenge porn? The short answer? A resounding yes. But the long answer deserves an in-depth look:
What Is Revenge Porn?
The term “revenge porn” refers to the non-consensual sharing of someone’s intimate, sexually explicit images or videos online, typically by a malicious ex-partner seeking to inflict emotional distress and public humiliation.
A few key elements make revenge porn so damaging:
- Lack of consent: The victim never agreed to have their private photos/videos distributed publicly like that.
- Identifiable info: The content posted often includes the victim’s name, links to their social media, employer/school details, and other information that identifies them.
- Malicious intent: There’s no justifiable reason for posting other than wanting to hurt, humiliate, and harass the person depicted.
Imagine being that victim – a deeply private moment captured for your partner’s eyes only is now fodder for public ridicule and harassment from strangers across the internet.
The psychological scars of having your trust violated so profoundly seldom heal.
Just ask Savannah, a young professional whose life was upended when her ex flooded her workplace and family with her nudes after she ended their relationship.
The relentless online harassment made her depressed, anxious and rendered her afraid to even leave the house for months.
Real-life horror stories like Savannah’s are exactly why revenge porn is considered such an insidious and intolerable crime.
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What Is the Revenge Porn Law in Florida?
In Florida, revenge porn is officially termed “sexual cyberharassment” and is covered under Section 784.049 of the Florida Statutes.
The key criteria that must be met for something to qualify as illegal sexual cyberharassment are:
| Criteria | Description |
| Image Involved | Sharing images depicting nudity or sexual conduct |
| Personal Info Exposed | The victim’s name, contact info, workplace etc is revealed |
| No Legitimate Purpose | The posting serves no lawful or valid reason |
| Intent to Cause Distress | It’s clearly calculated to harass and cause substantial emotional suffering |
| Lack of Consent | The victim never gave consent for such distribution |
Essentially, posting your ex’s sexually explicit selfies to Get Revenge dot com with their phone number and employer details absolutely qualifies. But sharing those same pics in an academic presentation on privacy laws? That could arguably constitute a “legitimate purpose” and not be illegal.
“Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image.”
The law recognizes that even if you initially consented to share those intimate photos with your ex, you still maintained a reasonable expectation of privacy. Your ex had no legal right to violate that consent by maliciously spreading those pics far and wide.
What Are the Penalties for Revenge Porn or Sexual Cyberharassment?
In Florida, revenge porn charges aren’t just a slap on the wrist – the penalties can completely upend your life, job prospects and future:
First Offense Penalties:
- 1st Degree Misdemeanor
- Up to 1 year in county jail
- Up to $1,000 fine
Repeat Offense Penalties:
- 3rd Degree Felony
- Up to 5 years in prison
- Up to $5,000 fine
So if you get careless and make the horrible mistake of posting revenge porn even once, you could spend a full year locked up and have a criminal record that follows you around.
But if you repeatedly engage in this vile conduct, like so many offenders do when their harassment spirals out of control?
You’re looking at hard prison time and being forever branded a convicted felon. Not exactly an appealing prospect for future job hunts and background checks.
Just ask Jonathan L., who was sentenced to 3 years in prison for posting multiple revenge porn videos when he “just couldn’t let it go” after a bad breakup. That conviction will haunt his record for life.
The bottom line? When it comes to revenge porn, the consequences unequivocally Do. Not. Play.
Should I Contact a Criminal Defense Attorney?
Revenge porn charges are no trivial matter – they have the terrifying potential to derail your entire future if not properly defended against.
So if you find yourself being investigated or arrested for this crime, getting expert legal counsel on your side needs to be an absolute priority.
An experienced criminal defense lawyer can analyze all the factors at play, such as:
- Lack of intent: Maybe you didn’t mean to cause emotional distress and only shared the images among a tiny private circle, not publicly. That could be a strong defense.
- Consent issues: If it can be proven the victim did consent to some level of sharing those intimate pics, that consent could negate the charges.
- First Amendment arguments: In some cases, lawyers may be able to argue that the distribution was constitutionally protected free speech.
- Motions to reduce/dismiss charges: A skilled litigator can identify flaws, biases, or rights violations in the investigation and prosecution that could get charges reduced or even dismissed entirely.
There are countless nuances that only an attorney well-versed in revenge porn cases would recognize. Don’t just passively accept the charges. Mount an aggressive defense from day one to protect your future.
Why Daniel J. Fernandez, P.A. is the Best Choice
If you’re facing devastating revenge porn or sexual cyberharassment charges in the Tampa Bay area, put your case in the hands of lawyers with a proven track record of vigorous criminal defense.
At the firm of Daniel J. Fernandez, P.A., you’ll get:
Extensive experience: Defense attorney Fernandez has successfully defended many Florida revenge porn cases using all available strategies. He understands the intricacies of these laws inside and out.
Compassionate approach: The firm handles every case with empathy and discretion, never judging you. Their sole mission is protecting your rights and future.
Vigorous advocacy: Daniel J. Fernandez doesn’t just roll over and accept charges. He will fiercely fight to get your charges reduced or dismissed if possible.
Affordable representation: Despite their respected reputation, the firm’s rates are very affordable with payment plans available for maximum accessibility.
“Daniel J. Fernandez took over my revenge porn case when I had almost given up hope. His tenacious defense exposed major flaws in the prosecution and got my charges completely dismissed!”
– Former Client Christopher M.
The firm offers free, confidential consultations to review the specifics of your case with zero obligation. Take advantage of that today by calling their offices at (813) 229-5353. Getting an experienced advocate on your side early can make all the difference.
Don’t let revenge porn charges derail your entire future. Daniel J. Fernandez, P.A. will fight tooth and nail to protect you.
Conclusion
Let’s be crystal clear: posting revenge porn is not only morally abhorrent but also unequivocally illegal in Florida with extremely harsh penalties attached.
A momentary lapse in judgment or desire for petty vengeance can leave you locked up for years and saddled with a lifelong criminal record.
The prosecution may claim they can easily prove you maliciously meant to cause severe emotional distress by disseminating those private images without consent.
But as this article outlines, there are many potential defenses an aggressive attorney can mount to get charges reduced or dismissed if possible.
The best policy is to never, ever post or threaten to share someone’s explicit photos or videos, period.
If you’ve already made that grave mistake, then retaining an experienced criminal defense lawyer needs to be your top priority before the case snowballs out of control.
Revenge porn violations are taken extremely seriously by Florida courts. Don’t gamble with your future by trying to navigate these charges alone.
Protect yourself and move forward by getting reputable, affordable legal representation you can trust to zealously defend your rights.
