Consequences of revenge porn

People can behave irrationally after a breakup. Unfortunately, distributing revenge porn is one way some try to get even with their exes. Resentment can push individuals to upload or share their former partner’s intimate photos or videos without consent to hurt them emotionally or blackmail them.

Sharing or posting intimate pictures or videos without the subject’s permission is an invasion of privacy and a sex crime in most states. This is true even if the subject agrees to participate in photos and videos during the relationship.

Penalties for revenge porn

Revenge porn is known as sexual cyberharassment in Florida and falls under nonconsensual pornography. Nonconsensual pornography covers any intimate videos or pictures taken without consent, including those acquired through hidden cameras and hacking.

The law recognizes that being a victim of such an act can result in significant psychological harm. Therefore, anyone who intentionally engages in sexual cyberharassment against another person may face a misdemeanor charge. People found guilty of revenge porn may receive a one to five-year jail sentence and a $1,000 to $5,000 fine.

Proving sexual cyberharassment

To prove someone guilty of revenge porn, the prosecution must establish the following:

• The images clearly depict the victim or their personally identifiable information
• The victim did not consent to share the image
• The defendant violated the victim’s expectation of privacy
• The defendant did, in fact, distribute the image to harm the victim

To fight these allegations, the defendant must prove that the evidence does not meet the criteria of the Florida penal code. Some possible defenses may include that the defendant was hacked and the image was spread by someone else or that the victim is not recognizable in the images.

A revenge porn accusation can have major consequences. In addition to possible legal penalties such as fines and jail time, the perpetrator may also need to register as a sex offender and suffer reputational damage in the eyes of society. Anyone facing such accusations should take careful steps to protect their rights and start exploring their legal options.