{"id":10235,"date":"2015-09-17T22:19:29","date_gmt":"2015-09-18T02:19:29","guid":{"rendered":"http:\/\/thinblueflorida.com\/?p=10235"},"modified":"2015-09-19T23:27:46","modified_gmt":"2015-09-20T03:27:46","slug":"floridas-new-revenge-porn-statute","status":"publish","type":"post","link":"https:\/\/thinblueflorida.com\/?p=10235","title":{"rendered":"Florida’s New Revenge Porn Statute"},"content":{"rendered":"

\"image\"<\/a>Florida’s Revenge Porn statute, formally known as Sexual Cyberharassment, will take effect on October 1, 2015. \u00a0FSS 784.049 begins with the Legislature’s rationale for the law, that people have a right to privacy for explicit sexual images of themselves taken consensually. \u00a0It recognizes the harm that can come if the images are made public through the Internet.<\/p>\n

Following requisite legal definitions, the law makes it a first degree, probable cause misdemeanor to willfully and maliciously sexually cyberharass another person. \u00a0It is a third degree felony for a previously convicted sexual cyberharasser to commit a second or subsequent incident.<\/p>\n

The statute goes on to outline a victim’s right to receive injunctive relief, monetary damage awards of $5,000 or more in actual damages, and reasonable attorney’s fees and costs. The final provisions account for search warrants and protection of minors found during warrant services.<\/p>\n

Don’t end up a victim of this reprehensible crime–keep your private bits covered in front of the camera lens!<\/p>\n

Here is the full text of the Sexual Cyberharassment statute:<\/p>\n

FSS 784.049 Sexual cyberharassment.\u2014
\n(1) The Legislature finds that:
\n(a) A person depicted in a sexually explicit image taken
\nwith the person\u2019s consent has a reasonable expectation that the
\nimage will remain private.
\n(b) It is becoming a common practice for persons to publish
\na sexually explicit image of another to Internet websites
\nwithout the depicted person\u2019s consent, for no legitimate
\npurpose, with the intent of causing substantial emotional
\ndistress to the depicted person.
\n(c) When such images are published on Internet websites,
\nthey are able to be viewed indefinitely by persons worldwide and
\nare able to be easily reproduced and shared.
\n(d) The publication of such images on Internet websites
\ncreates a permanent record of the depicted person\u2019s private
\nnudity or private sexually explicit conduct.
\n(e) The existence of such images on Internet websites
\ncauses those depicted in such images significant psychological
\nharm.
\n(f) Safeguarding the psychological well-being of persons
\ndepicted in such images is compelling.
\n(2) As used in this section, the term:
\n(a) \u201cImage\u201d includes, but is not limited to, any
\nphotograph, picture, motion picture, film, video, or
\nrepresentation.
\n(b) \u201cPersonal identification information\u201d has the same
\nmeaning as provided in s. 817.568.
\n(c) \u201cSexually cyberharass\u201d means to publish a sexually
\nexplicit image of a person that contains or conveys the personal
\nidentification information of the depicted person to an Internet
\nwebsite without the depicted person\u2019s consent, for no legitimate
\npurpose, with the intent of causing substantial emotional
\ndistress to the depicted person.
\n(d) \u201cSexually explicit image\u201d means any image depicting
\nnudity, as defined in s. 847.001, or depicting a person engaging
\nin sexual conduct, as defined in s. 847.001.
\n(3)(a) Except as provided in paragraph (b), a person who
\nwillfully and maliciously sexually cyberharasses another person
\ncommits a misdemeanor of the first degree, punishable as
\nprovided in s. 775.082 or s. 775.083.
\n(b) A person who has one prior conviction for sexual
\ncyberharassment and who commits a second or subsequent sexual
\ncyberharassment commits a felony of the third degree, punishable
\nas provided in s. 775.082, s. 775.083, or s. 775.084.
\n(4)(a) A law enforcement officer may arrest, without a
\nwarrant, any person that he or she has probable cause to believe
\nhas violated this section.
\n(b) Upon proper affidavits being made, a search warrant may
\nbe issued to further investigate violations of this section,
\nincluding warrants issued to search a private dwelling.
\n(5) An aggrieved person may initiate a civil action against
\na person who violates this section to obtain all appropriate
\nrelief in order to prevent or remedy a violation of this
\nsection, including the following:
\n(a) Injunctive relief.
\n(b) Monetary damages to include $5,000 or actual damages
\nincurred as a result of a violation of this section, whichever
\nis greater.
\n(c) Reasonable attorney fees and costs.
\n(6) The criminal and civil penalties of this section do not
\napply to:
\n(a) A provider of an interactive computer service as
\ndefined in 47 U.S.C. s. 230(f), information service as defined
\nin 47 U.S.C. s. 153, or communications service as defined in s.
\n202.11, that provides the transmission, storage, or caching of
\nelectronic communications or messages of others; other related
\ntelecommunications or commercial mobile radio service; or
\ncontent provided by another person; or
\n(b) A law enforcement officer, as defined in s. 943.10, or
\nany local, state, federal, or military law enforcement agency,
\nthat publishes a sexually explicit image in connection with the
\nperformance of his or her duties as a law enforcement officer,
\nor law enforcement agency.
\n(7) A violation of this section is committed within this
\nstate if any conduct that is an element of the offense, or any
\nharm to the depicted person resulting from the offense, occurs
\nwithin this state.<\/p>\n

Section 2. Subsection (16) is added to section 901.15,
\nFlorida Statutes, to read:
\n901.15 When arrest by officer without warrant is lawful.\u2014A
\nlaw enforcement officer may arrest a person without a warrant
\nwhen:
\n(16) There is probable cause to believe that the person has
\ncommitted a criminal act of sexual cyberharassment as described
\nin s.784.049.<\/p>\n

Section 3. Subsections (9) and (10) of section 933.18,
\nFlorida Statutes, are amended, and subsection (11) is added to
\nthat section, to read:
\n933.18 When warrant may be issued for search of private
\ndwelling.\u2014No search warrant shall issue under this chapter or
\nunder any other law of this state to search any private dwelling
\noccupied as such unless:
\n(9) It is being used for the unlawful sale, possession, or
\npurchase of wildlife, saltwater products, or freshwater fish
\nbeing unlawfully kept therein; or
\n(10) The laws in relation to cruelty to animals, as
\nprovided in chapter 828, have been or are being violated
\ntherein; or
\n(11) An instrumentality or means by which sexual
\ncyberharassment has been committed in violation of s. 784.049,
\nor evidence relevant to proving that sexual cyberharassment has
\nbeen committed in violation of s. 784.049, is contained therein.
\nIf, during a search pursuant to a warrant issued under this
\nsection, a child is discovered and appears to be in imminent
\ndanger, the law enforcement officer conducting such search may
\nremove the child from the private dwelling and take the child
\ninto protective custody pursuant to chapter 39. The term
\n\u201cprivate dwelling\u201d shall be construed to include the room or
\nrooms used and occupied, not transiently but solely as a
\nresidence, in an apartment house, hotel, boardinghouse, or
\nlodginghouse. No warrant shall be issued for the search of any
\nprivate dwelling under any of the conditions hereinabove
\nmentioned except on sworn proof by affidavit of some creditable
\nwitness that he or she has reason to believe that one of said
\nconditions exists, which affidavit shall set forth the facts on
\nwhich such reason for belief is based.<\/p>\n

Section 4. This act shall take effect October 1, 2015.<\/p>\n

Randall<\/p>\n","protected":false},"excerpt":{"rendered":"

Florida’s Revenge Porn statute, formally known as Sexual Cyberharassment, will take effect on October 1, 2015. \u00a0FSS 784.049 begins with the Legislature’s rationale for the law, that people have a right to privacy for explicit sexual images of themselves taken consensually. \u00a0It recognizes the harm that can come if the images are made public through the Internet. Following requisite legal definitions, the law makes it a first degree, probable cause misdemeanor to willfully and maliciously sexually cyberharass another person. \u00a0It is a third degree felony for a previously convicted sexual cyberharasser to commit a second or subsequent incident. The statute goes on to outline a victim’s right to receive injunctive … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[5],"tags":[],"class_list":["post-10235","post","type-post","status-publish","format-standard","hentry","category-legal"],"aioseo_notices":[],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p28xkp-2F5","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/10235","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10235"}],"version-history":[{"count":7,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/10235\/revisions"}],"predecessor-version":[{"id":10243,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=\/wp\/v2\/posts\/10235\/revisions\/10243"}],"wp:attachment":[{"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10235"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10235"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thinblueflorida.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10235"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}