Miami Revenge Porn Lawyer
If you have been accused of or charged with revenge porn under Florida law, having an experienced Miami revenge porn attorney on your side is critical. Revenge porn allegations can lead to serious criminal charges that may result in jail time and large fines. Even if the charges are dropped, merely being arrested can negatively impact your personal and professional reputation.
A skilled Miami criminal defense lawyer can thoroughly examine the evidence against you, build a strong defense to increase the chances of having your charges reduced or dismissed, and protect your rights every step of the way. Don’t leave your future to chance. Contact our law firm immediately for aggressive and compassionate legal representation.
What is Revenge Porn?
Revenge porn refers to the act of distributing sexually explicit photos or videos of someone without their consent. After a bad breakup, ex-lovers often do this out of anger, jealousy, or spite. However, images can be hacked, stolen by repair workers, or purchased from shady websites.
Regardless of how the sexually explicit media was obtained, revenge porn is against the law in Florida.
Florida Revenge Porn Law – Section 784.049
Florida Statute 784.049 states that it is illegal to intentionally and willfully publish on the internet sexually explicit photos or videos of someone 18 years or older without their consent. This law is intended to curb revenge porn and violations of privacy related to the unauthorized sharing of sexual content.
To be found guilty of revenge porn in Florida, the prosecution must prove the following key elements:
- You intentionally published a sexually explicit photo or video online;
- The person depicted is over 18 years old;
- You knew the person depicted did not consent to the photo or video being published online, and
- The content does not serve any legitimate public purpose.
Defenses Against Revenge Porn Charges
In many revenge porn cases, consent and intent play a major role. Just because sexual images appear online does not automatically make you guilty. An experienced Miami criminal defense attorney can carefully examine the facts of your case to build a strong defense.
Below are some common defenses our attorneys use to get revenge porn charges dismissed or reduced:
- Falsely Accused – If your ex or someone else blames you out of anger, jealousy or spite, an attorney can attack inconsistencies and credibility issues in their story.
- Hacked Content – If private photos stored on your phone or computer were illegally accessed and distributed without your knowledge, you may not be at fault.
- You Had Consent – Perhaps your former partner consented at one point to you having the sexual photos but changed their mind after you broke up. Consent disputes often come down to “he said, she said.”
- Served Public Purpose – Rarely, revenge porn charges involve matters of public importance like exposing sexual predators. While this can be tricky to prove, it may sometimes justify publication.
- Protected Speech – Your lawyer may argue the images fall under broad First Amendment protections, particularly if you did not directly upload them anywhere.
- Mental State at Issue – Struggles with addiction or mental illness could potentially impact your ability to form necessary criminal intent.
Penalties for Revenge Porn in Florida
If convicted of unauthorized publication of sexual images in Florida, potential penalties include:
- Up to 1 year in jail
- Up to $1,000 in fines
- Misdemeanor criminal record
Subsequent offenses are prosecuted more harshly, punishable by up to five years in prison and $5,000 in fines. Defendants may also face civil lawsuits from victims seeking monetary damages for emotional distress.
Having an aggressive lawyer challenge questionable evidence and raise strong defenses on your behalf can help avoid these devastating consequences.
Our Experienced Miami Revenge Porn Lawyers Can Help
Don’t let false allegations or misunderstandings ruin your reputation and freedom. Our skilled criminal defense attorneys in Miami have helped many clients fight against criminal charges and emerge with charges dropped or penalties minimized.
We will conduct a thorough independent investigation of what occurred, vigorously defend your rights in court, and craft persuasive arguments as to why you should not be held criminally liable.
Our firm understands these charges can flip your life upside down. We treat every client with respect, discretion, and compassion. We are here to help you move forward.
CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.
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