Law enforcement wants to interview you about images someone claims you shared without permission. Criminal charges for revenge porn or sextortion can carry jail or prison time. If prosecutors add separate sex crime charges, it may lead to sex offender registration and other consequences that follow you for decades.
At Flaherty & Merrifield, our Okaloosa County sex crime defense attorneys regularly defend cases involving sexual battery, lewd and lascivious offenses, video voyeurism, and other serious charges. We understand how sextortion and revenge porn accusations often intersect with these other offenses.
How Florida Law Treats Revenge Porn
Florida prosecutes "revenge porn" under Florida Statute 784.049 for sexual cyberharassment. This law makes it illegal to willfully and maliciously publish or electronically send sexually explicit images of another person without their consent, contrary to their reasonable expectation of privacy, when the intent is to cause substantial emotional distress.
For a conviction, prosecutors must prove several specific elements.
- The image must be sexually explicit, typically meaning it depicts nudity or sexual conduct.
- The depicted person must have had a reasonable expectation that the image would remain private.
- You must have distributed the image without their consent, for no legitimate purpose, with the intent to cause substantial emotional distress.
- The image or its distribution must also include or link to the person's personal identifying information.
Criminal Penalties for Sexual Cyberharassment
A first offense under Florida's sexual cyberharassment statute is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. That creates a permanent criminal record visible to employers, landlords, and licensing boards.
The charge can become a third-degree felony, punishable by up to five years in prison and a $5,000 fine, if it's a second or subsequent offense or if the sexual cyberharassment was committed for financial gain. A second or subsequent violation for financial gain can be charged as a second-degree felony, with penalties of up to 15 years in prison.
In some situations, prosecutors also file separate cyberstalking charges based on a pattern of online harassment, which adds additional criminal exposure.
Sextortion in Florida Explained
"Sextortion" isn't a separate crime under Florida law. Rather, it's a shorthand description for conduct that may be charged under multiple existing statutes.
Sextortion typically occurs when someone threatens to share intimate images unless the victim complies with demands for money, more sexual content, or actual sexual contact. Florida usually prosecutes sextortion conduct under the general extortion statute, which is a second-degree felony punishable by up to 15 years in prison and up to a $10,000 fine.
When Minors Are Involved
When sextortion cases involve minors, the charges escalate dramatically. Prosecutors often file additional separate charges beyond extortion, including child pornography possession or distribution, solicitation of a minor, lewd or lascivious conduct, or unlawful sexual activity with a minor. Each of these offenses carries its own penalty range, many involving decades in prison.
Does Conviction Require Sex Offender Registration?
Florida law lists specific offenses that trigger mandatory sex offender registration. Neither sexual cyberharassment nor extortion appears on that list by itself. However, many sextortion and revenge porn cases also include separate sex crime charges that do require registration.
These commonly charged registrable offenses include:
- Sexual battery
- Lewd or lascivious battery
- Sexual performance by a child
- Possession or distribution of child pornography
- Solicitation of a minor
Whether sex offender registration applies in your case depends on exactly which statutes the State files. If prosecutors charge only sexual cyberharassment or extortion, registration typically doesn't apply. But if they add any enumerated sex offense, common when minors are involved, registration becomes mandatory upon conviction.
Possible Defenses Against Sexual Cyberharassment Charges
These Florida sex crime cases often arise from relationship conflicts, misunderstandings, or false allegations made in anger or for tactical advantage in custody disputes. Several defense strategies may apply:
- Consent. The alleged victim gave permission to share the images. Text messages or emails showing agreement become critical evidence.
- Lack of intent. You reasonably believed you had permission, or you didn't intend to cause substantial emotional distress.
- False accusations. An angry ex makes claims to get revenge or gain advantage in divorce or custody proceedings.
- Mistaken identity. The victim genuinely believes you shared images, but someone else did. Perhaps they used your device, impersonated you online, or accessed shared accounts.
Why You Need a Lawyer Immediately
Once you're under investigation, every decision matters. Don't talk to the police without representation. Officers may say they're "getting your side" or that cooperating helps. The reality is that anything you say can be used against you. You have the right to remain silent and have an attorney present. Use those rights.
Digital evidence in these cases, like phone records and social media activity, can disappear as platforms delete messages or devices are upgraded. Your Florida defense attorney needs to act quickly to preserve evidence supporting your innocence, including subpoenaing records from internet service providers and obtaining forensic copies of devices.
These cases involve sensitive allegations, and our attorneys handle every case with discretion and respect. Some cases are dismissed after an investigation reveals insufficient evidence. Others resolve through negotiation that protects clients from the worst consequences. Still others go to trial and result in acquittals. Every successful defense started with a client who sought legal representation.
