CS/HB 151 - Sexual Cyberharassment Summary

• Creates new statute s. 784.049 to prohibit publishing sexually explicit images of another person without consent to the internet with intent to cause substantial emotional distress, with personal identification information included or conveyed.

• First offense is a first-degree misdemeanor; second or subsequent offense after prior conviction becomes a third-degree felony.

• Authorizes law enforcement to arrest without warrant for probable cause of sexual cyberharassment and permits search warrants, including for private dwellings, upon proper affidavits.

• Provides civil remedies allowing aggrieved persons to seek injunctive relief, monetary damages of at least $5,000 or actual damages (whichever is greater), and reasonable attorney fees.

• Exempts internet service providers, information services, telecommunications providers, and law enforcement officers acting in official duties from penalties; takes effect October 1, 2015.