Miami Revenge Porn Lawyer

Experienced Revenge Porn Attorney in Miami, FL

Seasoned Lawyers Fighting Sexual Cyberharassment Charges

Revenge porn refers to the online publication or electronic transmission of sexually explicit images of another without their consent. Under Florida law, this crime is referred to as sexual cyberharassment and is generally a first-degree misdemeanor. Even at this level, the offense is serious and carries penalties such as incarceration and/or fines. Additionally, a conviction will stay on the alleged offender’s criminal record, which is accessible to the public and could ruin their reputation and make it difficult to get a job.

Have you been accused of sexual cyberharassment? Reach out to Jeffrey S. Weiner, P.A. to discuss your case and legal options. Our Miami revenge porn lawyers have nearly five decades of combined experience, and our founding attorney is sought after for his legal insight, giving seminars and lectures to others practicing criminal defense. We know the law, what the prosecution must prove to obtain a conviction, and how to raise defenses in even the most complex cases. Backed by a track record of results, we are ready to stand up for you and be your zealous advocate throughout your case.

What Is Revenge Porn?

Under Florida law, a person may be accused of committing revenge porn (sexual cyberharassment) when they post or send a sexually explicit picture or video of another when that individual did not give consent for such action. Florida Statutes § 784.049 provides that even if the individual depicted in the image consented to be photographed or recorded or willfully sent the image to someone else, they still had a reasonable expectation that it would remain private.

For the dissemination of a sexually explicit image to be illegal, it must have contained personal identification information of the person depicted. Additionally, the act must have been done willfully and maliciously and with the intent to cause “substantial emotional distress” to the individual.

A sexually explicit image is defined as a photo, video, or other recording that depicts an individual in a state of nudity or engaged in sexual conduct.

Nudity includes showing the:

• Genitals,
• Pubic area,
• Buttocks,
• Female breasts, or
• Erect male genitals (clothed)

Sexual conduct includes:

• Sexual intercourse,
• Deviate sexual intercourse,
• Sexual bestiality,
• Masturbation,
• Sadomasochistic abuse,
• Lewd exhibition of the genitals, or
• Contact with a person’s clothed or unclothed private parts for sexual gratification

When accused of a crime, you are presumed innocent unless the State can prove guilt beyond a reasonable doubt. At Jeffrey S. Weiner, P.A., our revenge porn attorneys in Miami work to protect your rights and take the time to learn about the alleged offense from your point of view to craft a compelling defense for your specific case.

Penalties for Revenge Porn in Florida

The punishments a court can impose upon a conviction for sexual cyber harassment depend on whether this is the defendant’s first or subsequent offense.

A first violation is a first-degree misdemeanor, punishable by:

• Up to 1 year of incarceration and/or
• Up to $1,000 in fines

A second or subsequent violation is a third-degree felony, punishable by:

• Up to 5 years of imprisonment and/or
• Up to $5,000 in fines

We recognize the harmful effects a conviction could have on your life. That is why we will do everything in our legal power to seek the best possible result on your behalf.

Get Started on Your Defense for Your Revenge Porn Charge

Criminal cases are complex and overwhelming. At Jeffrey S. Weiner, P.A., we are here to answer your questions, discuss possible defenses, and aggressively fight your charge.