Your Legal Rights as an NCII Victim in Florida

Florida NCII Law Overview

Applicable statute: Florida Statutes § 784.049 (Sexual Cyberharassment)

Criminal penalty: First-degree misdemeanor for a first offense (up to 1 year imprisonment and $1,000 fine); third-degree felony for subsequent offenses

Civil remedies: injunctive relief, actual damages, and reasonable attorney fees

Florida's Sexual Cyberharassment statute (§ 784.049) prohibits publishing intimate images of another person without consent when the publisher knew or reasonably should have known that the person depicted would suffer emotional distress. Florida's statute is notable for its escalating penalty structure, subsequent offenses are charged as felonies, creating strong deterrence.

Florida also provides civil remedies including injunctive relief, which can be particularly useful for stopping ongoing distribution. Injunctions can be obtained through the civil court system and may be enforceable against specific platforms or individuals.

The federal TAKE IT DOWN Act overlays Florida state law, providing a direct 48-hour removal right against covered platforms. Florida victims can pursue state criminal charges, state civil claims, and federal platform removal simultaneously through separate but complementary processes.

Your Rights in Florida

• Right to 48-hour removal under the TAKE IT DOWN Act
• Right to file a criminal report under Florida § 784.049
• Right to civil injunctive relief and actual damages
• Right to enhanced protections as a repeat offense victim
• Right to remain confidential during criminal proceedings

How to File in Florida

File a report with the Florida Department of Law Enforcement (FDLE) or your local law enforcement agency. The Florida Attorney General handles consumer protection complaints. Civil actions may be filed in the circuit court of the county where the plaintiff resides.

Local Support Resources

• Florida Coalition Against Domestic Violence, fcadv.org
• Sexual Violence Prevention Coalition, svpcoalition.org
• RAINN National Hotline, 1-800-656-HOPE

Federal Rights Under the TAKE IT DOWN Act

In addition to Florida state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.