Being charged with sextortion, revenge porn, or other internet-related sex based crime in Florida is a serious legal challenge. These allegations can damage reputations, careers, and family relationships even before a case reaches court. Florida law treats online sexual misconduct as a serious criminal matter, and federal prosecutors may also become involved when communications cross state lines or involve communication on cloud-based platforms.
The potential consequences include lengthy prison sentences, mandatory sex offender registration, and long-lasting restrictions on employment and housing. Because the stakes are so high, choosing the right defense lawyer is a critical step for anyone facing these accusations.
Florida Internet Sex Crime Charges
Florida does not have a “sextortion” statute. It prosecutes “sextortion” under existing criminal statutes. When threats are made to expose intimate images unless demands are met, prosecutors may rely on Florida Statutes section 836.05 (extortion). Extortion is a felony punishable by up to fifteen years in prison.
Allegations of “revenge porn” are typically brought under Florida Statutes section 784.049 (sexual cyberharassment), which prohibits electronically publishing sexually explicit images of another without their consent. A first offense is a misdemeanor punishable by up to one year in jail. A second or subsequent offense may be charged as a third-degree felony carrying up to five years in prison.
If the images involve a minor, the charges are more severe. Florida Statutes section 827.071 makes it a felony to possess, transmit, or distribute child pornography. Federal statutes, including 18 U.S.C. sections 2251, 2252, and 2252A, impose mandatory minimum prison terms of five to twenty years, depending on the conduct. Even a single file can be the basis for prosecution.
Solicitation of a minor is another charge that often arises in internet crime cases. Florida Statutes section 847.0135 prohibits using the internet to solicit, lure, or seduce a minor for sexual activity. At the federal level, 18 U.S.C. section 2422(b) makes it a crime to use electronic communications to persuade or entice a minor to engage in unlawful sexual conduct. This
federal statute carries a mandatory minimum sentence of ten years in prison and allows for a maximum sentence of life.
The Risks of a Sex Crime Conviction in Florida
A conviction for any of these charges can bring severe penalties. In addition to prison, most convictions require registration as a sex offender under Florida law and under the federal Sex Offender Registration and Notification Act (SORNA). Registration is often for life and significantly restricts where a person may live, work, and travel.
Even without a conviction, allegations alone can be devastating. A person may lose their job, face disciplinary action against professional licenses, or suffer irreparable reputational harm. Because so many of these cases involve electronic communications that cross state lines, federal prosecutors frequently become involved. Federal prosecutions present an additional layer of risk because sentencing guidelines are strict and often include mandatory terms of imprisonment.
What to Look for in a Defense Attorney
Not every defense lawyer is prepared for the unique challenges of internet sex crime cases. When evaluating legal representation, there are several important considerations.
Trial experience should be a primary factor. Many internet sex crime cases involve disputes over credibility or testimony from expert witnesses. Lawyers with substantial trial experience understand the demands of questioning witnesses, challenging expert opinions, and presenting persuasive arguments in court.
Knowledge of digital forensics is also essential. These cases are usually built on electronic evidence such as text messages, emails, social media records, and data recovered from phones or computers. A defense lawyer should be prepared to challenge the validity of search warrants, examine forensic reports for weaknesses, and review how digital evidence was handled and preserved.
Early representation during the investigative phase can be equally important. Law enforcement often begins gathering evidence and requesting interviews long before formal charges are filed. A lawyer involved at this stage can advise clients about interactions with investigators, help preserve evidence that may support the defense, and ensure that constitutional rights are respected.
Because many online cases involve communications across state or national borders, they may be prosecuted in federal court. Retaining a lawyer admitted in federal court provides continuity of representation if the matter shifts to that jurisdiction.
Finally, experience with sensitive witnesses is critical. Sextortion and revenge porn cases may involve former partners or individuals with personal motives. Cases involving minors may rely on forensic interviews or sensitive testimony. A skilled attorney must be able to question such witnesses in a careful and professional manner that both protects the client’s rights and maintains credibility before the court.
The George Law Approach
The Law Offices of Derrick George represent clients accused of sextortion, revenge porn, child pornography, and online solicitation in Florida. Derrick George has more than fifteen years of courtroom experience and is licensed to practice in Florida as well as in federal courts. This allows the firm to defend clients in cases that involve both state and federal jurisdictions.
The firm’s experience includes defending charges under Florida’s extortion statute, the sexual cyberharassment law, solicitation statutes, and child pornography laws. They also defend against federal prosecutions under 18 U.S.C. sections 2251, 2252, 2252A, and 2422(b). Each case is approached with a focus on early intervention, careful scrutiny of digital evidence, and thorough trial preparation. The team recognizes that credibility disputes and questions about forensic methods often determine the outcome of these cases and prepares accordingly.
Why Immediate Representation Matters
Internet sex crime investigations move quickly. Investigators often seek to seize devices, search accounts, and take statements early in the process. Without counsel, individuals risk making statements that may later be misinterpreted, losing access to favorable digital evidence, or waiving constitutional protections.
Seeking representation as soon as possible allows a lawyer to protect rights, preserve evidence, and begin building a defense strategy before charges are filed. Early involvement can strongly influence how a case develops.
Defend Your Florida Sextortion Charge
Being accused of sextortion, revenge porn, or any internet-related sex crime in Florida is a life-changing event. These charges carry the possibility of prison, registration as a sex offender, and lasting personal and professional consequences. But being accused is not the same as being guilty. With experienced legal representation, it is possible to protect your rights and fight back against the allegations.
For a confidential consultation, contact George Law today.
Florida Internet Sex Crime FAQs
Is sextortion a crime in Florida?
Yes. While Florida law does not use the term “sextortion,” prosecutors often charge this conduct under Florida Statutes §836.05 (extortion) and §784.049 (sexual cyberharassment). These statutes make it illegal to threaten someone with exposure of intimate images to gain money, favors, or control.
What is “revenge porn” under Florida law?
Florida’s sexual cyberharassment statute, §784.049, makes it a crime to electronically distribute sexually explicit images of another person without their consent. A first offense is a misdemeanor, but repeat offenses can be charged as a felony with a possible prison sentence.
What are the penalties for sexual cyberharassment in Florida?
A first offense is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. A second or subsequent offense may be charged as a third-degree felony, carrying up to five years in prison and a $5,000 fine.
How does federal law treat online sex crimes?
Federal statutes often apply when online communications cross state or national borders. Relevant laws include:
- 18 U.S.C. §2422(b) (enticement of a minor) – carries a mandatory minimum of 10 years in prison.
- 18 U.S.C. §§2251, 2252, 2252A (child pornography production, possession, and distribution) – with penalties ranging from 5 years to life in prison.
Will I have to register as a sex offender if convicted?
Most Florida and federal convictions for internet sex crimes require registration as a sex offender. Registration is mandatory under Florida law and the federal Sex Offender Registration and Notification Act (SORNA), often lasting for life.
Can I be charged if I only possessed intimate photos but didn’t share them?
Possession of intimate images of adults without consent generally does not lead to charges unless there is intent to extort or harass. However, possession of images involving minors is a felony under Florida Statute §827.071 and federal law, even if the images were never shared.
Can law enforcement take my phone or computer during an investigation?
Yes. Police may seek a warrant to seize phones, computers, or cloud accounts if they suspect evidence of a crime. An attorney can challenge whether the warrant was valid and whether the evidence was properly collected.
How can a lawyer help before charges are filed?
A defense lawyer can intervene during investigations by managing police interviews, preserving digital evidence, scrutinizing search warrants, and presenting prosecutors with context that may prevent charges from being filed.
What defenses are available in a Florida sextortion or revenge porn case?
Common defenses include:
- Lack of intent to harass or extort.
- Consent or mistaken belief of consent.
- Unlawful search or seizure of digital evidence.
- Evidence tampering or unreliable digital forensics.
What should I do if I am accused of sextortion or revenge porn?
Do not speak to police or investigators without an attorney. Avoid deleting or altering digital evidence, since this can worsen your case. Contact a qualified Florida criminal defense lawyer immediately to protect your rights.
