FL S0538

Creates a new crime of "sexual cyberharassment" defined as publishing sexually explicit images of a person without consent to an Internet website with intent to cause substantial emotional distress.

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

Allows law enforcement to arrest without a warrant for probable cause of sexual cyberharassment and permits search warrants of private dwellings to investigate violations.

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

Exempts interactive computer service providers and law enforcement officers acting in official capacity from criminal and civil penalties.