A new Florida law that creates criminal penalties for the posting of revenge porn may also make it difficult for people to defend against these charges.
Last May, Gov. Rick Scott signed into law a bill that made the posting of "revenge porn" illegal. According to Reuters, the new law defines revenge porn as explicit materials that are shared without the subject's consent. People who are convicted of posting these materials in Sarasota may now face misdemeanor or felony Internet sex crime charges, which may result in up to five years of jail time.
Identifying revenge porn
The new law establishes specific criteria that materials must meet to qualify as revenge porn. According to WTSP News, besides being sexually explicit and posted without consent, this content must satisfy the following requirements:
- It must be posted on social media or another website.
- It must include identifying or contact information about the subject, such as a name, phone number or email address.
- It must have been shared with the goal of causing severe emotional distress to the subject.
Once this law takes effect at the start of October, people accused of violating it can be charged with first-degree misdemeanors. People who have been convicted at least once under the law may face third-degree felony charges for any subsequent offenses. The maximum prison sentence for the misdemeanor charges is 12 months, while people convicted of felony charges may face up to 5 years in prison.
Potential legal issues
Unfortunately, some of the criteria used to evaluate whether content qualifies as revenge porn are subjective or difficult to conclusively establish. This could result in people facing charges even if they did not post explicit materials with malicious intent.
As an example, Forbes notes that it may be difficult to know whether someone posted revenge porn to cause the person featured in the materials distress. People may have other reasons for sharing explicit materials that were produced for artistic purposes or for profit. Still, it may be challenging for people who have posted these materials to prove what their underlying motivations were.
As is the case with many sexual offenses, establishing consent is another potential issue. Some people may initially give consent to the posting of explicit materials but deny doing so later. Unless the agreement is formally documented, it may be difficult for people accused under the new law to prove that consent was previously given.
Handling criminal charges
In light of these potential issues and the serious consequences that can now come with revenge porn charges, anyone accused of posting this content should consider seeking legal guidance. An attorney may be able to offer advice on defending against the charges or reducing the long-term consequences associated with a sex crime conviction.
Keywords: sex crime, Internet crime, penalties, charges
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