Cyberharassment, Revenge Porn

The arrival of the Internet over the past forty years or so has changed many things in our daily lives such as the ability to do our banking online, the method we use to purchase goods and services and a wide variety of other features that we now just take for granted.

It has also shaped many new types of crimes.

Bullying and harassment has taken on a completely new meaning using this innovative medium which is visible to many more people.

A lot of people might believe that if you gave your consent to allow a sexually explicit photograph of yourself to be taken, or one of you with others while in a relationship with a boyfriend or spouse it would automatically disqualify a complaint if the image was then posted on the Internet. The same might be said about a modeling agency, or any other entity that originally took the picture unless you explicitly gave your permission for them to do so.

After all, consent was given. You weren’t forced or coerced to do so. It was your decision.
But that is simply not the case; at least in the State of Florida.

In addition to consent being given for the picture to be taken, additional consent must be given to make it public via the World Wide Web.

A reasonable expectation that a sexually explicit photograph will remain private is still expected under Florida law. In fact, it is a crime if the picture is posted on the Internet without your further unambiguous permission.

This crime is known as Cyberharassment, falling under Florida statute 784 , specifically Section 784.049 that’s main category is listed as Assault: Battery: Culpable Negligence.

In addition to a person who commits Cyberharassment facing civil penalties including a settlement capped at $5000.00, to do so is now a criminal act under the State’s new Revenge Porn law that went into effect on October 1, 2015. It is now a first-degree misdemeanor, punishable by up to one year in jail and up to a $1,000.00 fine.

But there are many defenses to defend charges of any types of Cyber Crimes.

Always keep in mind that the word “alleged” may or may not mean a criminal act has been committed. The burden of proof always lies with the prosecution.

My Fort Lauderdale based law practice can challenge the prosecution with the ceaseless effectiveness needed to return the best possible outcome.

The Law Offices of Michael B. Cohen can assist you with all Cyber Crime charges right now if a charge has been filed. My personal experience shows the credentials and know-how of a former Assistant United States Attorney and an extensively skilled former Assistant State Attorney as well as a former Assistant Attorney General for the State of Florida.

With two office locations in Fort Lauderdale and one in Palm Beach County my law offices can immediately assist you with all answers concerning questions for a strong criminal defense when Cyber Crime charges are alleged including those relating to those of Cyberharassment that originated in the State of Florida, from another state or from another country.

If you are accused of any Cyber Crime in Florida, don’t delay. My law firm can and will meticulously defend any types of these allegations. Contact The Law Offices of Michael B. Cohen for a completely confidential and free consultation today.

To read a current article posted on my blog that directly relates to Cyberharassment and the new Revenge Porn law, click here.

Michael B. Cohen is an expert Fort Lauderdale Cyber Crimes attorney with close to twenty years of criminal defense experience in the private sector.