Sexual Cyberharassment (Florida “Revenge Porn”)

At The Mayberry Law Firm, we defend people accused of sexual cyberharassment in Tampa and across the Middle District of Florida. Florida’s statute makes it a crime to intentionally disclose a sexually explicit image of an identifiable person without that person’s consent when the person had a reasonable expectation of privacy and suffers harm as a result. Allegations often arise after a breakup, a dispute over shared devices, or a social media hack, and the stakes include arrest, injunctions, and lasting damage to your reputation.

Elements the State Must Prove

Prosecutors must check several boxes before they can convict. They have to show that the image was sexually explicit, that the person in the image can be identified, that you intentionally disclosed or posted it, that there was no consent for the disclosure, that the person had a reasonable expectation of privacy in the image, and that the disclosure caused harm. If any one of those links is weak, your case is stronger than it looks.

How These Cases Start

Most cases begin with a report to local police or a direct complaint to the State Attorney’s Office, followed by quick requests to social platforms to preserve posts and messages. Officers may serve search warrants for phones, laptops, and cloud accounts, or ask you to “come in and explain.” Do not talk to investigators or consent to searches before you have counsel. Early legal help keeps you from making statements that can be twisted and lets us move fast to gather the records that tell your version of events.

Common Defenses

Every case is different, but certain defenses recur in Florida sexual cyberharassment prosecutions.

• Consent and waiver when the complaining witness allowed or encouraged sharing to a platform or group and there is proof of that permission.
• Expectation of privacy where the image was already public, was posted by the person themselves, or was shared widely before you were involved.
• No intent to disclose where a platform auto-synced content, a cloud folder updated in the background, or a third party used your credentials.
• Misidentification and attribution when usernames, shared devices, spoofed accounts, or IP addresses do not reliably point to you.
• Incomplete image or lack of identifiability if the person cannot be identified from the image or accompanying text.
• First Amendment and newsworthiness arguments in narrow circumstances where disclosure is tied to a matter of public concern rather than private humiliation.
• Authentication problems when screenshots and message threads are edited, cropped, or lack metadata that shows who posted what and when.

Digital Evidence and Practical Strategy

Winning these cases often turns on the details of digital proof. We secure platform logs, login histories, device analytics, and metadata. We compare timestamps across sources to test the prosecutor’s timeline, and we bring in a forensic examiner when needed to analyze whether an account was hacked or a post was scheduled. Out attorneys also collect messages that show context, including mutual sharing, humor, or sarcasm that changes the meaning of a post. When a complainant deletes posts or edits threads, preservation letters and subpoenas help us rebuild what really happened.

Injunctions and No-Contact Orders

A civil sexual cyberharassment injunction can be filed alongside the criminal case. These hearings move fast and can restrict your speech, your social media use, and your ability to contact the other party. We prepare you for the hearing, gather exhibits, and cross-examine with a focus on consent, privacy expectations, and the authenticity of the images. Winning or narrowing an injunction can improve your position in the criminal case.

Sealing, Expunction, and Collateral Fallout

An arrest for sexual cyberharassment can affect employment, school, and licensing even if the case is later reduced or dismissed. We plan with those consequences in mind. If the case resolves without a conviction and you qualify, sealing or expunction may help you move on. We also manage public record concerns and advise on online cleanup that does not look like evidence tampering.

What To Do Right Now

Do not contact the complaining witness. Do not delete accounts, reset devices, or “clean up” chats. Save everything exactly as it is, including photos, messages, and platform notices. Make a short timeline while events are fresh, list who had access to your devices and passwords, and bring that to your first meeting. Small details, like whether a post was scheduled or whether a phone was shared, can decide the case.

Local Realities in the Middle District of Florida

In Hillsborough, Pinellas, and neighboring counties, prosecutors expect quick compliance from social platforms and often rely on screenshots rather than full data returns. Judges in the Tampa Division want clear showings on consent, identifiability, and harm before they impose harsh conditions. That makes disciplined discovery and careful authentication work especially valuable.

FAQs

Is an Ex-Partner’s Consent to Take the Photo the Same as Consent to Post It?

No. Consent to create an image is different from consent to disclose it. Written messages, settings that allowed sharing, or prior postings by the complaining witness can still defeat the “no consent” claim, but the state will argue each act requires its own permission.

Can I Be Charged If the Image Was Already Public?

The state must prove a reasonable expectation of privacy. If the image was already posted by the person themselves or widely shared with their permission, that expectation is weak. Prior publication and audience size matter.

What If Someone Else Used My Account?

Attribution is a real issue. Shared devices, saved logins, and credential stuffing create reasonable doubt. Platform logs, IP addresses, and device fingerprints help show whether you were the user who actually posted.

Will Deleting My Social Media Help Me?

Deleting content after learning about an investigation can look like obstruction. Preserve everything and talk to your lawyer before changing accounts or privacy settings.

Can These Charges Be Dropped if the Other Person Asks?

Prosecutors decide whether to proceed. Early defense work still matters because strong proof issues on consent, privacy, or identity often lead to dismissals, reductions, or diversion that protects your record.

Talk With a Tampa Defense Lawyer

If you were arrested or contacted about sexual cyberharassment, get counsel before you speak to anyone else. Call The Mayberry Law Firm at (813) 444-7435 or send us a message. We will secure the digital evidence, protect your rights, and build a defense that targets the elements the state must actually prove.