What begins as private, consensual sexting can sometimes take a devastating turn when those intimate images or videos are shared without your permission. In Florida, this act—commonly known as revenge porn—is not only a violation of trust but also a serious legal matter. Victims have rights under both state and federal law to pursue justice, including the removal of the content and potential compensation for the harm caused.
At The Lomnitzer Firm, P.A., our Palm Beach Gardens revenge porn lawyers are committed to helping you understand your options. We can take decisive actions on your behalf to protect your privacy, your reputation, and your future.
Sexting involves the sending and receiving of sexually explicit messages or images through any electronic means, although sexting most commonly occurs via text message. Young adults are the primary participants in sexting as a popular form of sexual expression. In many cases, sexting is a consensual and legal sexual activity between adults.
In other situations, sexting also may be coercive when one party pressures or coerces another party to provide requested sexting messages. Coercive sexting can result in a party sending explicit images to another, typically with the promise that the images will remain private.
All too often, whether sexting is coercive or not, one party may distribute sexting messages and images without the other’s consent after the relationship breaks down. At that point, sexting quickly falls into the territory of revenge porn, which is an illegal activity under Florida law. However, despite its illegality and criminal penalties, revenge porn is nonetheless likely to hurt a person’s dignity, self-worth, and reputation. The distribution of intimate images may also have adverse consequences for a person’s employment, as well as their personal and familial relationships.
Fla. Stat. § 784.049 addresses sexual cyberharassment, also known as revenge porn. Under this statute, it is illegal for a person to willfully and maliciously sexually cyberharass another person. Sexual cyberharassment is defined as intentionally publishing online or disseminating to others through electronic means a sexually explicit image of the person with the intent to cause them distress. The publication or dissemination must occur without the consent of the depicted person and against their reasonable expectation that it would remain private if:
Images are sexually explicit if they depict any nudity or sexual conduct. Electronic means include websites, social media platforms, email, text messages, and other digital platforms. Florida’s sexual cyberharassment laws apply to both adults and minors.
The legal consequences for revenge porn can include fines, incarceration, and a criminal record. The severity of penalties for a revenge porn or sexual cyberharassment conviction varies according to various factors, including the intent of the person in distributing the explicit material, the relationship between the parties, and the resulting harm from the distribution.
Aside from the statutory penalties that a revenge porn conviction can cause, individuals with this type of conviction may face increased employment challenges, social stigma, and loss of privacy. Criminal convictions can categorically disqualify a person from certain jobs, render them ineligible for specific employment-related licensure, and make it difficult for them to find suitable housing or financing.
If you are being threatened with the release of intimate images, it’s important to act quickly. Save all communications, screenshots, and evidence of the threat, and refrain from engaging further with the person responsible. Contact law enforcement and an experienced attorney right away—Florida law recognizes this type of conduct as sexual cyberharassment, and swift action can help prevent the images from being distributed.
Yes. Criminal charges focus on punishing the offender, but they don’t necessarily compensate you for the harm you’ve suffered. A civil lawsuit allows you to seek damages for emotional distress, reputational harm, and other losses, as well as court orders requiring the removal of the images. Many victims pursue both criminal and civil remedies to achieve a fuller sense of justice.
An attorney can do more than represent you in court. They can work with online platforms and service providers to request the removal of unlawful content, negotiate with opposing parties to stop further distribution, and guide you through protective measures to safeguard your privacy. Having legal counsel ensures you’re not navigating the process alone and that your rights are fully protected.
Revenge porn can cause lasting harm to your reputation, relationships, and emotional well-being—but you do not have to face it alone. While criminal charges may hold an offender accountable, they often fall short of addressing the personal and financial damages you’ve endured. A Wellington revenge porn attorney at The Lomnitzer Firm, P.A. can help you pursue civil remedies, from seeking compensation to securing the removal of unlawful content. Take control of your future—contact us today at (800) 853-9692 or reach out online to discuss your options and begin the path toward justice.
