A private photo does not automatically lose its protection simply because it was shared with someone else. Yet every day, intimate images move from a personal exchange to a workplace group chat, a social media feed, or a stranger’s inbox, without the depicted person’s consent and without their knowledge until the damage is done. Florida law recognizes this as a serious harm, and it gives victims a path to hold the responsible party accountable, both criminally and civilly.
What the law covers
Florida’s sexual cyberharassment law, Fla. Stat. § 784.049, makes it illegal to intentionally share a sexually explicit image of someone online or electronically without that person’s consent when they had a reasonable expectation that the image would remain private. The person in the image must also be identifiable, either from the image itself or from information shared with it.
Two points in the statute matter for victims who worry their case will not qualify. First, the law is not limited to images posted publicly online. It also covers images disseminated electronically to another person, such as through email, text, or a messaging app, so long as the other elements are met. Second, the fact that a person originally sent the image to someone does not by itself erase their reasonable expectation that the image would stay private. The statute is explicit that prior sharing of an image, on its own, does not remove a person’s reasonable expectation of privacy in it.
Criminal and civil consequences
A violation is generally a first-degree misdemeanor. A second or subsequent violation, by someone with a prior conviction, is a third-degree felony. The law also imposes enhanced penalties when sexual cyberharassment is committed for pecuniary or other financial gain: a first such offense is a third-degree felony even without a prior conviction, and a second or subsequent offense is a second-degree felony. Law enforcement can arrest a suspect without a warrant when there is probable cause.
Separately, the statute gives the person depicted a civil cause of action. A victim can go to court and seek:
- Injunctive relief, to stop further publication or distribution of the image
- Monetary damages, in the greater of $10,000 or the victim’s actual damages
- Punitive damages
- Reasonable attorney’s fees and costs
That civil remedy exists independent of any criminal prosecution. A victim does not have to wait for, or rely on, a criminal case being filed in order to pursue compensation.
The scope of the problem
Image-based sexual abuse is more common than many people assume. A study published online in 2019 in the journal Psychology of Violence, based on a survey of 3,044 U.S. adults conducted with support from the Cyber Civil Rights Initiative, found that about 8%, or roughly 1 in 12 respondents, had experienced at least one instance of having a sexually explicit image of themselves shared without their consent. Women reported this at a meaningfully higher rate than men (9.2% versus 6.6%). The researchers cautioned that their sample, recruited through Facebook, was not nationally representative, so these figures should be read as evidence the problem is widespread rather than as a precise national rate. Among the women in the study who had been victimized, the research found measurably lower psychological well-being and more physical symptoms of stress than women who had not been victimized.
What to do if this happens to you
If a sexually explicit image of you has been shared, or you have reason to believe it has been, a few early steps can protect both your well-being and your legal options:
- Preserve evidence. Save screenshots, links, messages, and any information about how the image was obtained and where it was sent, before it can be taken down or altered.
- Report it to the platform. Many major websites and apps have policies against nonconsensual intimate imagery and will remove reported content.
- Consider a police report. A criminal complaint can be filed independently of a civil claim.
- Talk to an attorney promptly. An attorney can help you understand whether your situation meets the statute’s requirements, pursue an injunction to stop further spread, and evaluate what damages you may be entitled to recover.
You do not have to navigate this alone
Discovering that a private image has been shared without your consent is disorienting, and it is common to feel unsure of what rights you have or where to turn. If you believe you have been the victim of sexual cyberharassment in Florida, the attorneys at Baron, Herskowitz & Cohen are here to listen and to explain your options. Contact our office to schedule a confidential consultation.
