Revenge Porn Laws in Florida: What Victims Need to Know in 2026

Florida takes revenge porn seriously, with one of the more aggressive state statutes in the country. If you are dealing with non-consensual intimate images in Florida, here is a breakdown of your legal options and what to expect.

What Florida Law Says

Florida Statute 784.049, titled Sexual Cyberharassment, took effect in 2015. A first offense is classified as a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. A second or subsequent offense is elevated to a third-degree felony, carrying up to five years in state prison and a fine of up to $5,000. Publishing for financial gain is a third-degree felony on a first offense and a second-degree felony on a repeat. Florida law also permits victims to file civil actions for injunctive relief, monetary damages of $10,000 or actual damages (whichever is greater), punitive damages, and reasonable attorney fees and costs. The statute was amended in 2019, 2022, and 2025.

What Counts as Revenge Porn in Florida

Florida defines sexual cyberharassment as intentionally publishing a sexually explicit image of a person to a website, or sending it electronically to another person, without their consent, when the image contains or conveys the personal identification information of the depicted person or that information is published with it. A crime requires that this be done willfully and maliciously. Sexually explicit images include depictions of nudity, sexual conduct, or semen or vaginal secretion on a person. The image must have been taken or obtained under circumstances in which the person had a reasonable expectation of privacy. The inclusion of personal identification information alongside the image, such as the victim's name, address, or social media handle, is a key element of the offense. Images voluntarily published by the subject or taken in public settings where there was no expectation of privacy are generally not covered.

How to Report

Florida victims should act quickly to preserve evidence and pursue legal action. Begin by documenting all instances of the images online with screenshots showing URLs, dates, and any accompanying personal information. File a police report with your local law enforcement agency, referencing Florida Statute 784.049. Contact the State Attorney's Office in your judicial circuit to discuss criminal prosecution options. Consult with a civil attorney about filing suit for damages and injunctive relief. If the content appears online, save the exact links and send them to us. We file the removal requests as your authorized representative while the legal process unfolds.

Limitations of Criminal Law

While Florida's escalation to felony charges for repeat offenders is a strong deterrent, first-time offenders face only misdemeanor penalties, which some critics argue are insufficient. Proving that the perpetrator published the image without consent, willfully and maliciously, requires careful evidence gathering. Jurisdictional challenges arise when the perpetrator resides out of state or when content is hosted on servers outside the United States. Criminal cases can take months to resolve, and during that period, intimate images can proliferate across the internet. A criminal conviction does not automatically trigger the removal of content from online platforms.

Removing the Content

Content removal and a criminal or civil case address different parts of the problem. The TAKE IT DOWN Act requires covered platforms to remove qualifying intimate imagery and make reasonable efforts to remove known identical copies within 48 hours of a valid request. The platform and request must meet the law's requirements. See FTC guidance; this is not a universal service turnaround guarantee. Eligible adults can use StopNCII themselves for participating-platform matching. For managed help with known links, review your removal scope.