Broward County Man Faces Charges for Sexual Cyberharassment

March 15, 2023 Don Pumphrey, Jr. Criminal Defense, News & Announcements, Sex Crimes, Social Media Social Share

Sexual cyberharassment, or “revenge porn,” is the act of sharing or distributing sexually explicit images or videos of another person without their consent. This may occur if the person wants to embarrass, humiliate, or harm the depicted person. In Florida, revenge porn is an unlawful act, and can result in criminal charges. Violations of Florida law can result in criminal charges, fines, and even possible imprisonment.  

In a recent Broward County case, a man has been arrested after sharing revenge porn on Facebook. This page will provide the case details, along with information on sexual cyberharassment charges in Florida.

What was the Incident?

Broward County Police arrested Kevin Cloyd on March 12^th, 2023, after being accused of sexually cyberharassing a woman. According to the report, Cloyd allegedly posted a nude photo of the victim on Facebook on March 7^th, 2023.

“I own all the pictures I have taken of you,” Cloyd wrote in a text message to the victim on Saturday.

However, by posting the explicit image online, police had probable cause to arrest him for revenge porn. Cloyd was arrested on Sunday near the intersection of West Sunrise Boulevard and North Nob Hill Road in Plantation.

Cloyd is facing a charge of sexual cyberharassment. The Broward County judge has placed his bond at $10,000.

Sexual Cyberharassment Charges

In Florida, sexual cyberharassment is codified under Statute Section 784.049. According to State Legislature, “sexual cyberharassment” is defined as the means to publish a sexually explicit image or video of another person to an internet website or disseminate it through electronic means. The image or video has been posted without the depicted person’s consent, after what they assumed would remain private.

A “sexually explicit image” is any image or video where the individual is depicted as nude, or engaged in sexual conduct. Sexual cyberharassment is also referred to as “revenge porn.”

Any person who violates this law by willfully and maliciously sexually cyberharassing another person can be charged with a first-degree misdemeanor in Florida. The penalties for a first-degree misdemeanor include up to a $1,000 fine and up to one year in jail.

If the defendant has a prior conviction for sexual cyberharassment and commits a second or subsequent offense, they may be charged with a third-degree felony. In Florida, the penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison.

Revenge Porn vs. Child Pornography

In most cases, examples of sexual cyberharassment include when a person obtained a sexually explicit image or video of their ex-partner during their relationship, and then later shared them publicly with the intent to cause harm or embarrassment. This can include images or videos being shared on social media platforms, or sending the content to the depicted person’s friends, family, or employers.

One important thing to distinguish is the age of the person depicted in the “revenge porn.” If the depicted person is 18-years-old or older, then the defendant would be charged with sexual cyberharassment. However, if the depicted person is a minor—meaning a child below the age of 18—then the defendant may instead be charged with child pornography possession and distribution. This type of charge is much more severe, given the nature of the offense and the age of the victim. In any case, it is imperative to speak with an attorney regarding such an offense.

Defenses to a Sexual Cyberharassment Charge

After a person has been accused of a sexual cyberharassment charge, it is in their best interest to speak with a legal representative. While sex crime charges can be extremely stressful, it is important to remember that an arrest does not equate to guilt. The following is a list of potential defenses for a revenge porn case in Florida:

• Consent – If the alleged victim had consented to their image or video being posted online, it can be used as a defense to a sexual cyberharassment charge. In order to prosecute the defendant, the State must be able to prove beyond reasonable doubt that the image or video was posted without the victim’s consent.
• Anonymity – If the image or video does not contain a personal identifier of the victim, it could be used as a defense in the case. According to the law on sexual cyberharassment, the posted image or video must contain some type of information that can identify the victim in order to prosecute the defendant.
• No Right to Privacy – An example scenario for this defense would be if the victim sent out the image to multiple people, or posted it online themselves. A defense attorney can argue that the alleged victim did not have reason to believe or expect privacy since they were the ones who disseminated the photo.
• Lack of Distress – A defense attorney can argue that the posted image or video was not intended to or does not cause emotional distress.

To determine which defense works best for your case, we advise you to speak with a legal representative in your area.

Finding a Defense Attorney in Tallahassee, Florida

Getting accused of posting revenge porn comes with serious consequences. A person convicted of a criminal offense may be sentenced to paying costly fines or sentenced to imprisonment. The best way to protect yourself and your future is by working with a skilled Florida criminal defense attorney in your area.

At Pumphrey Law Firm, our team of attorneys has your best interest at heart. Our defense attorneys will work with you to strategize a strong defense for your case and make sure none of your rights are violated. To receive a free consultation regarding your case, contact Don Pumphrey and the rest of our attorneys at (850) 681-7777 or leave an online message on our website.

Written by Karissa Key

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