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Miami Revenge Porn Attorney

With the rise of texting, photo-sharing, and social media, many people began sending explicit pictures of themselves to intimate partners. In addition, many people use smartphones to take photos during sexual encounters. These photos are usually intended to be private and are not meant to be shared with anyone else. However, a trend started that when a relationship sours, too often one party would publicly post explicit photos or videos of someone online or otherwise distribute them to others. In addition, hackers began targeting smartphones and stealing explicit personal photos and exposing them to the public. In response to this harmful trend, many states including Florida have passed laws making “revenge porn” a criminal offense. If you have been charged with a crime, it is imperative that you get in touch with a Miami revenge porn attorney immediately.

Allegations of Revenge Porn

Revenge porn falls under the umbrella of criminal sexual harassment, specifically “sexual cyber harassment.” Sexual cyber harassment involves the following:

  • Posting sexually explicit photos on a website without the subject’s permission
  • The photo conveys the identification of the person in the photo
  • There is no other legitimate purpose to publish the photo
  • The photo was posted with the intent to cause significant emotional distress to the person in the photo.

It is important to note that the law in Florida only criminalizes publishing photos to a website online. It is not a crime to share photos via email, text, or even through Snapchat and other social media outlets.

Penalties for Revenge Porn in Miami

Sexual cyber harassment is a first degree misdemeanor under Florida law. This means there is a maximum sentence of one year in jail and a fine of $1,000. You may also receive probation and other requirements set out by the criminal court. If you are charged with sexual cyber harassment and you already have a previous conviction on your record, you can face third degree felony charges, which can lead to five years in prison and a fine of $5,000. In addition, if the subject in the photos was a minor, you could face extremely serious child pornography charges, as well.

Convictions for offenses such as stalking or criminal harassment can never be expunged from your criminal record. This means that any future employers or landlords who run a background check will see that you were convicted of revenge porn. Because of the malicious nature of the offense, a conviction will likely jeopardize your ability to be accepted to higher education programs or to obtain a professional license.

Contact Our Experienced Miami Revenge Porn Attorney

Revenge porn is a relatively new crime in Florida as the law only went into effect in late 2015. If you have been accused of revenge porn, you need an experienced Miami revenge porn attorney defending your rights. The criminal process is complicated and you want to ensure that you present every possible legal defense to avoid conviction and serious consequences whenever possible. Call the law office Jeffrey S. Weiner, P.A. to discuss your case for free at 305-670-9919 today.

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