An injunctive order could direct Joe to stop posting photos or remove posted photos of Mary. Cloaked behind a username, stalkers can be difficult to identify. Victims can be any age. He will have difficulty establishing that he did not have that intent. How do prosecutors prove intent? Sophisticated cyber stalkers have been known to use computer programs to send messages at random or regular intervals without the cyber stalker even being at their computer terminal.
If Joe has posted the photos and Mary can prove her damages, she can ask that Joe be ordered to reimburse her for those expenses. A first offense of sexual cyberharassment is a first degree misdemeanor in Florida. Information for Victims If you are a victim of cyber stalking, it is important that you know the steps available to promote your safety, document the harassment, and initiate an end to the abuse. Victims who are teens or children should immediately tell their parents or another adult they trust about any harassment or threats. These body parts or areas include male or female genitals, pubic area, buttocks, or the female breast below the top of the nipple. If a revenge porn website urges or requires third parties posters , to not just post photos or videos, but also to submit information identifying the person in a photo or video, the owner of the website may be deemed a co-developer and, therefore, an information content provider. The crime of sexual cyberharassment occurs in Florida if the act of posting the photo or video occurred in Florida or the harm occurred there. An image depicting nudity is one that shows enumerated parts or areas of the human body uncovered or covered only by see-through material. It is important however to avoid getting into a "back-and-forth" exchange with the harasser. Another example of a legitimate purpose might be photos or videos posted by medical professionals as part of their scientific research. If you have been a victim of NCP, you can contact a civil attorney or a criminal defense attorney to learn about your rights and options. Consult an Attorney Nonconsensual pornography is a serious crime. If he posts the photo on a web site created for the known purpose of revenge porn — posting photos of ex-partners — the intent could be inferred solely from the act of posting, and angry or insulting statements might not be necessary to prove intent. Adult victims should send a clear, written warning to the harasser to stop the contact or harassing behavior. For instance, a journalist who does not know the person depicted might post a sexually explicit photo as part of an article and argue that the writer posted the photo solely for journalistic purposes. Such conduct, acts or threats include, but are not limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, Internet communications and facsimile communications. If at any time you feel your physical safety is in jeopardy you should contact your local police department for assistance. These might be photos taken with permission, or photos that the victim shared with the poster while they were involved perhaps suggestive selfies sent via text , but without permission to post publicly. You may want to explore whether you can block the offender through your email program or chat room. He will have difficulty establishing that he did not have that intent. Cyber stalking can cause the same kind of trauma to its victims as "traditional" forms of stalking. Sophisticated cyber stalkers have been known to use computer programs to send messages at random or regular intervals without the cyber stalker even being at their computer terminal. Cyber stalkers are generally motivated by a desire to control their victims. An image of a covered penis in a turgid aroused state also is considered an image depicting nudity. Cloaked behind a username, stalkers can be difficult to identify. Cyber stalkers can use Internet search engines to find out additional information they can use to harass their victims. The anonymity of the Internet makes it easier for perpetrators to carry out their attacks against their victims.
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