SENDING PICS, MEME’S OR MOVIES CAN GET YOU ARRESTED

January 7, 2019 Don Pumphrey, Jr. Criminal Defense, Sex Crimes, Social Media criminal defense, Sexting, social media Social Share

Technology breeds more and more statutes that make the sending of certain information illegal.  For example, an adult sends a sexually explicit image, with identifying information with the purpose of causing emotional distress to another person.  The mere depiction of a person engaging in indecent chat or sexual conduct involving the above could get a person arrested by the police.

Florida Statutes 784.049(3) is the sexual cyber harassment law in Florida. The State Attorney in Florida prosecutes a person IF:

• (Defendant) published a sexually explicit image of (victim) on an internet website.
• The image contained or conveyed (victim’s) personal identification information.
• The Defendant did so willfully and maliciously, for no legitimate purpose, and with the intent of causing substantial emotional distress to (victim).
• (Victim) did not consent to the publication.

“Sexually explicit image” which means any image depicting nudity or depicting any person engaging in sexual conduct (pursuant to Florida Statute 784.049(2)(d)).

The definition of image, as cited above,includes but is not limited to any photograph, picture, motion picture, film, video or representation.

Additionally, the term “nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

“Nudity” means showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any part thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

If you or a loved one has been accused of a crime based on cyber communications, it is important to contact an experienced criminal defense attorney in Tallahassee, Florida now.

Article Written by: Don Pumphrey, Jr.

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