Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1084
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/18/2025 .
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The Committee on Criminal Justice (Martin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (d), (e), and (f) of
6 subsection (1) of section 784.049, Florida Statutes, are
7 redesignated as paragraphs (e), (f), and (g), respectively,
8 present subsections (4) through (7) are redesignated as
9 subsections (5) through (8), respectively, a new paragraph (d)
10 is added to subsection (1) and a new subsection (4) is added to
11 that section, and paragraph (a) of subsection (1), subsections
12 (2) and (3), and present subsection (5) of that section are
13 amended, to read:
14 784.049 Sexual cyberharassment.—
15 (1) The Legislature finds that:
16 (a) A person depicted in a sexually explicit image taken
17 with the person’s consent retains may retain a reasonable
18 expectation that the image will remain private despite sharing
19 the image with another person, such as an intimate partner.
20 (d) A person depicted in a digitally forged intimate image
21 created by or with the consent of the depicted person retains a
22 reasonable expectation of privacy despite sharing the image with
23 another person.
24 (2) As used in this section, the term:
25 (a) “Digitally forged intimate image” means an image that
26 has been created, altered, adopted, or modified by electronic,
27 mechanical, or other computer-generated means; depicts nudity of
28 an identifiable individual as defined in s. 847.001; and appears
29 to a reasonable person to be indistinguishable from an authentic
30 visual depiction of the individual, regardless of whether the
31 visual depiction indicates, through a label or some other form
32 of information published with the visual depiction, that the
33 visual depiction is not authentic.
34 (b) “Image” includes, but is not limited to, any
35 photograph, picture, motion picture, film, video, or
36 representation.
37 (c) “Nudity” means the showing of the human male or female
38 genitals, pubic area, or buttocks with less than a fully opaque
39 covering; the showing of the female breast with less than a
40 fully opaque covering of any portion thereof below the top of
41 the nipple; or the depiction of covered male genitals in a
42 discernibly turgid state. A mother’s breastfeeding of her baby
43 does not, under any circumstance, constitute nudity, regardless
44 of whether the nipple is covered during or incidental to
45 feeding.
46 (d)(b) “Personal identification information” means any
47 information that identifies an individual, and includes, but is
48 not limited to, any name, postal or electronic mail address,
49 telephone number, social security number, date of birth, or any
50 unique physical representation.
51 (e)(c) “Sexually cyberharass” means to publish to an
52 Internet website or disseminate through electronic means to
53 another person a sexually explicit image of a person that
54 contains or conveys the personal identification information of
55 the depicted person without the depicted person’s consent,
56 contrary to the depicted person’s reasonable expectation that
57 the image would remain private, for no legitimate purpose, with
58 the intent of causing substantial emotional distress to the
59 depicted person. Evidence that the depicted person sent a
60 sexually explicit image to another person does not, on its own,
61 remove his or her reasonable expectation of privacy for that
62 image. Absent affirmative consent to disseminate, the depicted
63 person retains his or her reasonable expectation of privacy.
64 (f)(d) “Sexually explicit image” means a digitally forged
65 intimate image or an any image depicting nudity, as defined in
66 s. 847.001, or depicting a person engaging in sexual conduct, as
67 defined in s. 847.001.
68 (3)(a) Except as provided in paragraph (b), a person who
69 willfully and maliciously sexually cyberharasses another person
70 commits a misdemeanor of the first degree, punishable as
71 provided in s. 775.082 or s. 775.083.
72 (b) Upon a second or subsequent a person who has one prior
73 conviction for a violation of paragraph (a), a person sexual
74 cyberharassment and who commits a second or subsequent sexual
75 cyberharassment commits a felony of the third degree, punishable
76 as provided in s. 775.082, s. 775.083, or s. 775.084.
77 (4)(a) Except as provided in paragraph (b), a person who
78 violates paragraph (3)(a) with the intent to cause physical,
79 mental, economic, or reputational harm to an individual
80 portrayed in the image, or for the purpose of profit or
81 pecuniary gain, commits a felony of the third degree, punishable
82 as provided in s. 775.082, s. 775.083, or s. 775.084.
83 (b) Upon a second or subsequent conviction for a violation
84 of paragraph (a), a person commits a felony of the second
85 degree, punishable as provided in s. 775.082, or s. 775.083, or
86 s. 775.084.
87 (6)(5) An aggrieved person may initiate a civil action
88 against a person who violates this section to obtain all
89 appropriate relief in order to prevent or remedy a violation of
90 this section, including all of the following:
91 (a) Injunctive relief.
92 (b) Monetary damages to include $10,000 or actual damages
93 incurred as a result of a violation of this section, whichever
94 is greater.
95 (c) Punitive damages.
96 (d)(c) Reasonable attorney fees and costs.
97 Section 2. Subsection (22) is added to section 775.15,
98 Florida Statutes, to read:
99 775.15 Time limitations; general time limitations;
100 exceptions.—
101 (22)(a) A prosecution for a misdemeanor violation of s.
102 784.049 must be commenced within 5 years after the commission of
103 the offense or within 3 years after the date on which the victim
104 obtains knowledge of the offense or should have obtained such
105 knowledge by the exercise of due diligence.
106 (b) A prosecution for a felony violation of s. 784.049 must
107 be commenced within 7 years after the commission of the offense
108 or within 3 years after the date on which the victim obtains
109 knowledge of the offense or should have obtained such knowledge
110 by the exercise of due diligence.
111 Section 3. This act shall take effect October 1, 2025.
112
113 ================= T I T L E A M E N D M E N T ================
114 And the title is amended as follows:
115 Delete everything before the enacting clause
116 and insert:
117 A bill to be entitled
118 An act relating to sexual cyberharassment; amending s.
119 784.049, F.S.; providing and revising legislative
120 findings; defining terms and revising definitions of
121 terms; providing criminal penalties for persons who
122 sexually cyberharass other persons with specified
123 intent or purpose; providing criminal penalties for
124 persons who commit the offense of sexual
125 cyberharassment with a specified intent or purpose;
126 providing enhanced criminal penalties for second or
127 subsequent violations; authorizing an aggrieved person
128 to initiate a civil action to recover punitive
129 damages; making technical changes; amending s. 775.15,
130 F.S.; providing time limitations for commencing
131 prosecution for violations of sexual cyberharassment;
132 providing an effective date.