Florida’s sexual cyberharassment statute, section 784.049, makes it a crime to “willfully and maliciously” publish or send a sexually explicit image of someone without their consent, when the image identifies them or is posted alongside information that does. Nothing in the text requires a former partner, a breakup, or a motive of revenge, and no Florida appellate court has yet said what “maliciously” means in this section.
The statute also answers the question victims ask most. In its own words: “Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image.” Sending a photo to one person is not permission for that person to share it.
The law changed on October 1, 2025. Before that date, the statute required proof that the images were published “for no legitimate purpose” and “with the intent of causing substantial emotional distress.” Those words are gone from the current text. No court has ruled on the new definition yet, which is one more reason the facts of your case need to be reviewed by someone who has read the statute as it stands today.