Distribution of Intimate Images Without Consent in Florida

The distribution of intimate images without consent in Florida is a crime under Section 784.049, the state’s sexual cyberharassment statute, and victims can sue the person responsible for at least $10,000 in damages plus attorney fees. A first offense is a first-degree misdemeanor punishable by up to a year in jail. Repeat offenses, and any distribution done for financial gain, are third-degree felonies punishable by up to five years in state prison.¹

What Counts as a Violation

Section 784.049 makes it illegal to willfully and maliciously share a sexually explicit image of another person online or through electronic means when that person did not consent and had a reasonable expectation the image would stay private.¹ The statute is explicit that sending an intimate image to a partner does not, by itself, forfeit that expectation of privacy. Proof that you sent the image to someone else at some point is not enough, on its own, to defeat the case.

A “sexually explicit image” covers photos, videos, and other visual depictions showing nudity (exposed genitals, buttocks, or the female breast below the nipple), sexual activity, or the display of semen or vaginal secretion on a person.¹

The image also has to be connected to the depicted person’s identity. That connection can be made two ways: identifying information (name, phone number, address) appears on the image itself, or it is published alongside the image so anyone viewing it can make the link.¹ Posting a name and an image separately in the same thread or on the same page still counts.

Criminal Penalties

Punishment tracks the offender’s history and their motive for sharing.

The step up from misdemeanor to felony is a real one. A felony conviction can mean state prison, loss of voting rights until restoration, and much heavier collateral consequences for employment and housing than a misdemeanor record carries.

Deepfakes and AI-Generated Images

A separate statute, Section 836.13, covers digitally fabricated images. It is a third-degree felony to create, solicit, or distribute a realistic altered image that falsely depicts an identifiable person nude or engaged in sexual activity without their consent.⁵ That reaches AI-generated content, face-swapped video, and any other digital manipulation that makes it appear a person is nude or in a sexual scene when they were not. Even possessing a deepfake with intent to distribute it is a felony.

A person is “identifiable” if they can be recognized by their face, a distinguishing physical feature such as a birthmark, or any other recognizable characteristic.⁵ Because a deepfake is not an actual image of the victim’s body, the sexual cyberharassment statute may not always reach it. Section 836.13 fills that gap, and the penalty range is the same: up to five years in prison and a $5,000 fine.

Suing the Person Who Shared the Images

Criminal charges are brought by the state attorney’s office. Victims do not have to wait on that decision. Section 784.049 creates an independent right to sue the person who distributed the images, whether or not criminal charges are ever filed.⁶

The statute allows a plaintiff to recover:

Compensatory damages of $10,000 or actual damages, whichever is greater. If lost income, therapy, and reputational harm add up to more than $10,000, the higher figure controls.⁶
Punitive damages, when the conduct warrants punishment beyond compensating the victim.⁶
Injunctive relief, meaning a court order requiring the defendant to remove the images and stop sharing them.⁶
Reasonable attorney fees and costs, which removes one of the biggest barriers to bringing the case.⁶

One boundary to be aware of: the statute exempts internet service providers and interactive computer services from liability for content their users post.¹ The lawsuit runs against the person who shared the images, not the platform that hosted them. Getting the content off a platform is a separate process.

How Long You Have to Act

Under Florida’s general criminal statute of limitations, prosecutors have two years to bring a first-degree misdemeanor charge and three years to bring a third-degree felony charge.⁷ Those clocks run from the date the offense was committed. Intimate images often circulate for months or years before a victim finds out, so if you are discovering the distribution late, talk to an attorney about when the clock actually started for your situation.

Civil claims have their own deadlines. Florida’s general limitations period for tort claims is typically four years, though the exact deadline depends on how the specific claim is categorized. An attorney can identify the applicable period for a statutory claim under 784.049. Filing sooner keeps every option on the table, especially injunctive relief.

Getting the Images Off the Internet

A civil injunction is powerful, but it takes time to obtain. Platform and search engine removal tools work in parallel.

Google Search Removal

Google accepts requests to remove non-consensual intimate images from its search results. The person depicted, or an authorized representative, submits the specific URLs where the content appears along with screenshots of the content.⁸ Screenshots can be edited down to show only the face. Google also accepts requests for AI-generated fake sexual content when the person is identifiable and did not consent.

Google removes the content from its search results only. The image remains on the site hosting it unless that site takes it down or a court orders removal.⁸ Google will also try to find and de-index duplicate copies. Content deemed newsworthy may not qualify.

Platforms and the CCRI Helpline

Most major social media platforms have dedicated reporting tools for non-consensual intimate images, and these reports are usually processed faster than general content complaints. The Cyber Civil Rights Initiative runs a helpline at 1-844-878-2274 that helps victims with reporting and removal across multiple platforms.⁹

What to Do Right Now

The order of steps matters. Preserve evidence first. Screenshot every instance of the image you can find, and capture the URL, the poster’s username or profile, timestamps, and any accompanying text. Once a platform removes a post, that evidence is much harder to reconstruct.

Then file a police report with your local law enforcement agency. Sexual cyberharassment is a crime in Florida, and a police report creates the official record that supports both prosecution and a later civil suit. Bring your screenshots and any messages you have from the person who shared the images.

Talk to an attorney about a civil case, especially if you have measurable losses such as lost work, therapy bills, or reputational damage. The $10,000 statutory floor and the fee-shifting provision keep these cases financially viable. Moving quickly also strengthens a request for an emergency injunction, because courts respond more decisively when the harm is fresh and ongoing.

1
Justia Law. Florida Statutes 784.049 – Sexual Cyberharassment
2
Justia Law. Florida Statutes 775.082 – Penalties, Applicability of Sentencing Structures
3
FindLaw. Florida Statutes 775.083 – Fines
4
Florida Senate. Florida Statutes 784.049 – Sexual Cyberharassment
5
Florida Senate. Florida Statutes 836.13 – Altered Sexual Depictions, Prohibited Acts, Penalties, Applicability
6
Online Sunshine. Florida Statutes 784.049 – Sexual Cyberharassment
7
Online Sunshine. Florida Statutes 775.15 – Time Limitations
8
Google Search Help. Remove Personal Sexual Content from Google Search
9
Federal Trade Commission. Nonconsensual Distribution of Intimate Images – What to Know