Distribution of Intimate Images Without Consent in Florida

In Florida, sharing someone’s intimate images without their consent is a crime under Section 784.049, the state’s sexual cyberharassment statute, and it also gives the person depicted a right to sue. The distribution of intimate images without consent in Florida is a first-degree misdemeanor on a first offense, a third-degree felony for repeat offenders or anyone who distributes for financial gain, and the victim can recover a statutory minimum of $10,000 in a civil lawsuit regardless of whether criminal charges are filed.

What Counts as a Violation

The statute applies when someone intentionally shares a sexually explicit image of another person online or through electronic means, the person depicted did not consent, and that person had a reasonable expectation the image would stay private.¹ The law is explicit that sending an intimate image to a partner does not waive privacy over it. Evidence that the person depicted sent the image to someone else does not, on its own, destroy the expectation of privacy.

A “sexually explicit image” covers any photo, video, or visual representation showing nudity (exposed genitals, buttocks, or female breast below the nipple), sexual activity, or the display of semen or vaginal secretion on a person.¹²

The image also has to be tied to the depicted person’s identity. That link can be inside the image itself (a name, phone number, or address embedded in it) or published alongside the image in a way that makes the connection obvious to someone viewing it.¹ The second route captures posts where the image and the name appear separately in the same thread or on the same page.

Criminal Penalties

Punishment escalates with the offender’s history and motive.

First offense. A willful and malicious violation is a first-degree misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000.¹³⁴
Repeat offense. A person with a prior conviction who does it again faces a third-degree felony, punishable by up to five years in state prison and a fine of up to $5,000.¹³⁴
Distribution for financial gain. Sharing intimate images for money or other financial benefit is a third-degree felony even on a first offense.⁵

Criminal prosecution is a decision for the state attorney’s office, not the victim. Reporting to police is what gets a case in front of a prosecutor.

Suing the Person Who Shared the Images

The statute gives victims a separate right to sue, and the civil case runs independently of any criminal case.⁶ You can file whether or not the state files charges, and whether or not any charges result in a conviction.

Available remedies include:

Compensatory damages of $10,000 or the victim’s actual damages, whichever is greater. If real losses such as lost income, therapy costs, or reputational harm exceed $10,000, the victim recovers the higher amount.⁶
Punitive damages for particularly egregious conduct, on top of what compensates actual losses.⁶
Injunctive relief, meaning a court order requiring the distributor to take the images down and stop sharing them.⁶
Reasonable attorney fees and costs for a prevailing plaintiff, which removes one of the biggest barriers to suing.⁶

Deepfakes and AI-Generated Images

A separate statute, Section 836.13, covers digitally fabricated intimate images. Creating, soliciting, or distributing a realistic altered image that falsely depicts an identifiable person nude or engaged in sexual activity, without consent, is a third-degree felony.⁷ This reaches AI-generated images, face-swapped videos, and any other digital manipulation that makes it appear a person was nude or in a sexual situation when they were not.

The definition of generating an altered image is broad: creating, altering, adapting, or modifying any image by electronic or computer-generated means to portray an identifiable person.⁷ A person is identifiable through their face, a distinguishing feature like a birthmark, or any other recognizable characteristic. Even possessing a deepfake with intent to distribute it is a third-degree felony.

Because a deepfake is not an actual image of the victim’s body, Section 784.049 may not always apply. Section 836.13 fills that gap, and the penalty is the same: up to five years in prison and a $5,000 fine.

Who the Law Doesn’t Reach

Two groups are exempt. Law enforcement officers and agencies are not liable when sharing these images in the course of official duties, which covers things like evidence handling and courtroom use. Internet service providers and interactive computer services are also exempt from criminal and civil liability for content posted by their users, mirroring federal Section 230 protections.¹ You can go after the person who posted the image, but not the platform that hosts it. To get a platform to remove content, you have to use its reporting process or obtain a court order.

Deadlines for Filing

Florida’s general criminal statute of limitations gives prosecutors two years to charge a first-degree misdemeanor and three years to charge a third-degree felony, measured from when the offense is committed.⁸ Intimate images often circulate for months or years before the victim learns about them, so if you discover the distribution long after the fact, ask an attorney about when the clock started running.

Civil claims have their own timeline. Florida’s general statute of limitations for tort claims is typically four years, though the exact deadline depends on how the claim is categorized. Filing sooner preserves more options for removal and makes an emergency court order for injunctive relief more likely.

Getting the Images Taken Down

A court order through a civil suit can force removal, but that takes time. In the meantime, platform tools and search engine removal requests limit how far the images spread.

Google Search Removal

Google accepts requests to remove non-consensual intimate images from search results. The person depicted or an authorized representative submits the request with the specific URLs where the content appears and screenshots of the content.⁹ Google also handles removal requests for AI-generated fake sexual content when the person is identifiable and did not consent. Screenshots can be edited to show only the face.

Google removes content from its search results only. The image stays on the hosting website unless the host takes it down or a court orders removal.⁹ Google does try to find and remove duplicates from search results as part of its standard process. Content considered newsworthy may not qualify.

Platforms and Help Lines

Most major social media platforms have dedicated reporting tools for non-consensual intimate images, and these reports tend to move 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.¹⁰

What to Do Right Now

Preserve evidence before you report anything for removal. Screenshot every instance of the image you can find, with the URL, the poster’s username or profile, timestamps, and any accompanying text. Once a platform takes a post down, the evidence is far harder to recover.

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

Talk to an attorney about a civil suit, especially if you have measurable financial harm like lost work, therapy costs, or damage to your reputation. The $10,000 statutory minimum and the right to recover attorney fees make these cases practical even when hiring a lawyer would otherwise be out of reach. Moving quickly also strengthens any request for an emergency order forcing the distributor to take the images down.

1
Justia Law. Florida Statutes 784.049 – Sexual Cyberharassment
2
Online Sunshine. Florida Statutes Title XLVII Chapter 847 – Obscenity
3
Justia Law. Florida Statutes 775.082 – Penalties, Applicability of Sentencing Structures
4
FindLaw. Florida Statutes 775.083 – Fines
5
Florida Senate. Florida Statutes 784.049 – Sexual Cyberharassment
6
Online Sunshine. Florida Statutes 784.049 – Sexual Cyberharassment
7
Florida Senate. Florida Statutes 836.13 – Altered Sexual Depictions, Prohibited Acts, Penalties, Applicability
8
Online Sunshine. Florida Statutes 775.15 – Time Limitations
9
Google Search Help. Remove Personal Sexual Content from Google Search
10
Federal Trade Commission. Nonconsensual Distribution of Intimate Images – What to Know