What is sexual cyberharassment in Florida?

Man being harassed through a computer.

The crime of Sexual Cyberharassment is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine.

This offense occurs when:

  1. Person published a sexually explicit image of victim to an Internet website or disseminated a sexually explicit image of victim through electronic means to another person.
  2. The image contained or conveyed victim’s personal identification information.
  3. Person did so willfully and maliciously, for no legitimate purpose, and with the intent of causing substantial emotional distress to victim.
  4. Victim did not consent to the publication or dissemination.
  5. The publication or dissemination was contrary to victim’s reasonable expectation that the image would remain private.

“Willfully” means knowingly, intentionally, and purposely. 

“Sexually explicit image” means any image depicting nudity or depicting any person engaging in sexual conduct.

“Image” includes but is not limited to, any photograph, picture, motion picture, film, video, or representation.

“Personal Identification Information” means any information that identifies an individual, and includes, but is not limited to, any name, postal or electronic mail address, telephone number, social security number, date of birth, or any unique physical representation.

Defenses to Sexual Cyberharassment.

  • Non-publication.
  • Legitimate Publication.
  • Unreasonable Distress.
  • Anonymous Publication.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of sexual cyberharassment in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.

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