Privacy Law Library

Sexual Cyberharassment (nonconsensual intimate images)

Florida Sexual Cyberharassment Law

Other

Florida's 'revenge porn' law. It makes it a crime to willfully and maliciously post or send a sexually explicit image of someone, together with identifying information, without consent when the person expected it to stay private. Sharing the image with one person does not by itself end that expectation of privacy. A 2025 amendment (HB 1451) added penalties for doing this for money.

Where
Florida
Citation
Fla. Stat. 784.049
Status
In force
Last amended
2025-10-01
Enforced by
State attorneys (criminal); private plaintiffs
People can sue
Yes
Penalties
First-degree misdemeanor, a third-degree felony for a repeat offense, and a third-degree felony (second-degree for repeat) when done for financial gain (784.049(3)-(4), as amended effective October 1, 2025). Victims may sue for injunctive relief, the greater of $10,000 or actual damages, punitive damages, and fees (784.049(7)).
Applies to
  • Any person who publishes online or electronically disseminates a sexually explicit image of an identifiable person without consent, contrary to that person's reasonable expectation of privacy (784.049(2)(c))
  • Interactive computer service providers are excluded from the criminal and civil penalties (784.049(8))

Rights it gives people

  • A depicted person may sue for an injunction, the greater of $10,000 or actual damages, punitive damages, and attorney's fees.Fla. Stat. 784.049(7)

Practices it requires

  • Do not publish to a website, or disseminate electronically, a sexually explicit image of a person that contains or is accompanied by identifying information, without the person's consent and contrary to their reasonable expectation of privacy.Fla. Stat. 784.049(2)(c), (3)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Original effective date (ch. 2015-24) not confirmed.

Research reference, not legal advice.