Revenge porn in Florida could lead to jail time

What are the legal ramifications for revenge porn in Florida?

Publishing a nude or semi-nude photograph or video on the Internet which was originally intended to be kept private between two people has become known as “revenge porn.”

Here in Florida you could be facing jail time for it.

Criminal Penalties

A second-degree misdemeanor is punishable by up to 60 days in jail and up to a $500 fine.

A first-degree misdemeanor is punishable by up to a year in jail and up to a $1,000 fine.

Florida law does not specifically prohibit posting pictures of a nude adult person on the Internet for viewing by other adults if the picture was taken with the knowledge and consent of the person.

The bill enhances the conduct to a first-degree misdemeanor if the offender was 18 years or older and the victim was younger than 16 years of age.

“Think before you post. Is it worth what can happen if it gets in the wrong hands? Once it's out there it's out there,” says Tampa resident Loren Robinson.

Florida law only covers revenge porn posted on a website. It can still be shared legally via text, email, and social media sites like Snapchat.'

What you can do

If you’re a victim of revenge porn, there is something you can do immediately: File a complaint under the Digital Millennium Copyright Act.

You have the option of doing it yourself for free or paying the company.

This act lets you file a complaint against any websites you know your photo is on.

You can have pictures, video, even audio taken down in just hours.

Attorney Lee Pearlman has represented clients in the past using this DMCA act

He says it was extremely difficult to get the website to take down the pictures. Now, he's noticed websites like "The Dirty or "Myex.com" being more cooperative.

“They don't want to be embroiled in litigation, even if the protection under federal law for just being a server," says Pearlman.

Pearlman says when issuing a DMCA takedown notice, you need to be prepared to file a lawsuit if the website does not comply.

They are expensive and time-consuming, but are sometimes the only way to get your image removed.

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