Sexual cyberharassment is when a person willfully and maliciously publishes a sexually explicit photo or video of another person, along with personal identifying information, without their consent, with the intent of causing the person emotional distress.
The sexually explicit messages are often made consensually, but were not intended to be disseminated to others or publicly.
The images could be posted to social media sites, to a website or through email or text message.
Penalties for Sexual Cyberharassment
If it is the first offense, the penalty is a First Degree Misdemeanor, punishable by up to one year in jail, one year of probation and $1,000 in fines.
If it is the second offense, it is a Third Degree Felony, punishable by up to five years in prison, five years of probation, $5,000 in fines and 60 days of vehicle impoundment or immobilization.
A judge is required to sentence an individual convicted of Second Offense Sexual Cyberharassment to a minimum 10 days in jail.
Defenses:
- Anonymity: It is unlawful to publish sexually explicit images or videos that identify the person. But, if the person cannot be identified in the photo or if there is no information about the individual in the post, it does not constitute Sexual Cyberharassment.
- Consent: If it can be proven that the individual did indeed consent to their photo or video being distributed or shared, it does not constitute Sexual Cyberharassment.
- Legitimate Publication: If the image was used in a publication for a medical purpose, it would not be considered Sexual Cyberharassment. This could also apply to an artistic publication.
If you have been arrested or charged with Sexual Cyberharassment, contact Daniel Izquierdo today.
Have You Been Accused of Domestic Violence in Florida?
You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.
I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida". The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.
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