{
  "batch": "532-florida-revenge-porn-and-deepfake-laws",
  "articles": [
    {
      "id": "learn_r532_florida_revenge_porn_and_deepfake_laws_flaw_ch784_784049",
      "category": "Safety",
      "title": "[Unverified - being checked] Criminal statute defining revenge porn offenses and penalties",
      "summary": "[Unverified - being checked] Florida Chapter 784 Section 784.049 establishes criminal penalties for sexual cyberharassment, defining it as the non-consensual publication or dissemination of sexually explicit images with intent to violate privacy expectations.",
      "body": "Florida Chapter 784 Section 784.049 establishes criminal penalties for sexual cyberharassment, defining it as the non-consensual publication or dissemination of sexually explicit images with intent to violate privacy expectations.\n\nWhat Florida Senate actually says:\n\n“784.049‑Sexual cyberharassment.—(1)—The Legislature finds that:\n(a)—A person depicted in a sexually explicit image taken with the person’s consent may retain a reasonable expectation that the image will remain private despite sharing the image with another person.\n(b)—It is becoming a common practice for persons to publish a sexually explicit image of another to Internet websites or to disseminate such an image through electronic means without the depicted person’s consent, contrary to the depicted person’s reasonable expectation of privacy.\n(c)—When such images are published on Internet websites, the images are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared.\n(d)—The publication or dissemination of such images through the use of Internet websites or electronic means creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct.\n(e)—The existence of such images on Internet websites or the dissemination of such images without the consent of all parties depicted in the images causes those depicted in such images significant psychological harm.\n(f)—Safeguarding the psychological well-being and privacy interests of persons depicted in such images is compelling.\n\n(3)(a)—Except as provided in paragraph (b) or subsection (4), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.\n\n(b)—A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(4)(a)—Except as provided in paragraph (b), a person who violates this section for the purpose of pecuniary or any other financial gain commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(b)—A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(7)—An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:\n\n(a)—Injunctive relief.\n\n(b)—Monetary damages to include $10,000 or actual damages incurred as a result of a violation of this section, whichever is greater.\n\n(c)—Punitive damages.\n\n(d)—Reasonable attorney fees and costs.\n\n(8)—The criminal and civil penalties of this section do not apply to:\n\n(a)—A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11, that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person; or\n\n(b)—A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that publishes or disseminates a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer, or law enforcement agency.”",
      "source_type": "official",
      "source_link": "https://www.flsenate.gov/Laws/Statutes/2026/784.049",
      "last_verified": "2026-10-10",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Florida Senate",
      "evidence_quote": "784.049‑Sexual cyberharassment.—(1)—The Legislature finds that:\n(a)—A person depicted in a sexually explicit image taken with the person’s consent may retain a reasonable expectation that the image will remain private despite sharing the image with another person.\n(b)—It is becoming a common practice for persons to publish a sexually explicit image of another to Internet websites or to disseminate such an image through electronic means without the depicted person’s consent, contrary to the depicted person’s reasonable expectation of privacy.\n(c)—When such images are published on Internet websites, the images are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared.\n(d)—The publication or dissemination of such images through the use of Internet websites or electronic means creates a permanent record of the depicted person’s private nudity or private sexually explicit conduct.\n(e)—The existence of such images on Internet websites or the dissemination of such images without the consent of all parties depicted in the images causes those depicted in such images significant psychological harm.\n(f)—Safeguarding the psychological well-being and privacy interests of persons depicted in such images is compelling.\n\n(3)(a)—Except as provided in paragraph (b) or subsection (4), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.\n\n(b)—A person who has one prior conviction for sexual cyberharassment and who commits a second or subsequent sexual cyberharassment commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(4)(a)—Except as provided in paragraph (b), a person who violates this section for the purpose of pecuniary or any other financial gain commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(b)—A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.\n\n(7)—An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:\n\n(a)—Injunctive relief.\n\n(b)—Monetary damages to include $10,000 or actual damages incurred as a result of a violation of this section, whichever is greater.\n\n(c)—Punitive damages.\n\n(d)—Reasonable attorney fees and costs.\n\n(8)—The criminal and civil penalties of this section do not apply to:\n\n(a)—A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11, that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person; or\n\n(b)—A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency, that publishes or disseminates a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer, or law enforcement agency.",
      "volatility": "low",
      "from_batch": "532-florida-revenge-porn-and-deepfake-laws",
      "subject": "Florida criminal statute for sexual cyberharassment",
      "topic": "criminal statute defining revenge porn offenses and penalties",
      "applies_to_country": "Us",
      "applies_to_scope": "Florida state law",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-fl"
        ],
        "platform": "any",
        "topic": [
          "money.fees",
          "money.payout",
          "rules.content",
          "safety.harm"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "thin_body",
          "source_unverifiable:fetch_failed:budget"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}