Florida Sexual Cyberharassment Statute Compliance Record

PROBLEM: Florida Statute 784.049, "Sexual cyberharassment," makes it unlawful to publish or disseminate a sexually explicit image of a person without consent, contrary to the person's reasonable expectation of privacy, for no legitimate purpose, with intent to cause substantial emotional distress. Sending an image to one person does not by itself destroy the expectation of privacy. First offense: first-degree misdemeanor (up to 1 year, $1,000 fine). Second or subsequent offense: third-degree felony (up to 5 years). A violation for pecuniary or other financial gain: third-degree felony (second violation: second-degree felony). A civil action is available with a minimum of $10,000 in damages. 2025 SB 1084 extended the statute to digitally forged intimate images, and Florida Statute 836.13 separately makes it a third-degree felony to create, solicit, or distribute a digitally altered sexual depiction of an identifiable person without consent. The statute is on the books — but there is no standing record of whether it is actually enforced.

SOLUTION: A sexual-cyberharassment statute compliance record: every prosecution and civil action under sections 784.049 and 836.13 logged with its charge, its outcome, and its damages — so the statute's enforcement is measured, not assumed.

EVIDENCE BASIS: DOCUMENTED — Fla. Stat. § 784.049 (statute text via leg.state.fl.us): elements, penalties, civil action, $10,000 minimum; SB 1084 (FLSenate.gov) extending coverage to digitally forged images; Fla. Stat. § 836.13 (AI deepfake felony). Sources: Florida Legislature; Florida Senate.