Florida Senate Passes “Revenge Porn” Bill

April 29, 2015



The Florida Senate has passed a bill that would make it a crime to disclose a nude or sexually explicit picture or video of an identifiable person to a social networking service or a website with the intent to harass that person. The so-called “Revenge Porn” bill, identified as CS for CS for Senate Bill 538, received wide support from both Republicans and Democrats. If the bill becomes law, it will create Section 847.0136 of the Florida Statutes, which would take effect on October 1, 2015.

A first offense would be a First Degree Misdemeanor. A second or subsequent offense would be a Felony of the Third Degree. In addition, the bill would authorize a civil action in which the Court could award Injunctive Relief, Money Damages of at least $5,000, and Attorney

Fees and Costs.

To prove a violation of Section 847.0136, the State would have to prove that: 1) the Defendant intentionally and knowingly disclosed the image; 2) the image was of an identifiable person who could be recognized by his or her face or whose personal identification information was included in the disclosure; 3) the Defendant intended to harass the person who was depicted; and 4) the Defendant knew or should have known that the person depicted did not consent to the disclosure.

Attorney Richard “Jake” Jackson has been serving the legal needs of the Central Florida community since 1985. You can call Mr. Jackson’s office at (386) 738-1111 to schedule a free consultation in his office at DeLand, Florida. Appointments can also be arranged at a jail or correctional facility.

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