Brevard County, FL, Sheriff Proposes "Revenge Porn" Bill

[redheadbaker]

www.myfoxphilly.com/story/21824357/revenge-porn-bill-proposed-pass-florida-house-committee

The Brevard County Sheriff's Office is trying to get a bill to become law in the Florida Legislature.   It has been dubbed the "revenge porn" bill, but the bill's author, Agent Daniel Ogden, tells FOX 35 that the legislation is more about cyber bullying and using a nude image of someone while identifying them with malicious intent.

On a keyboard, it doesn't take long to find a person online, along with a picture or two.  Now imagine if that person is you, and suddenly a nude photograph pops up next to your name.  It might be especially troubling if you knew you had never posed nude before or if someone had obtained a naked image of you, without your consent. 

"We've had college students come forward that found out that images had been posted online.  One of them, in particular, was applying for jobs as a teacher, and she is afraid to, because of these posting and fears someone may do an Internet search and it could ruin her career," said Agent Ogden. 

Ogden says, at the Brevard County Sheriffs Office, it is being reported more and more by men and women, young and old.  

Because this is not a crime, nothing can be done about it.  That's why, in this digital age, Ogden has penned House Bill 787 and Senate Bill 946 to, "make it illegal for people to post nude images or movies of another person, along with their personal identifiers online, without that person's consent."

His bill would make it a third-degree felony, punishable for up to five years behind bars.  Criminal defense attorney, Hal Uhrig said the bill begs for legal controversy. 

"Who owns the pictures?  Maybe I own them.  But maybe you give me a knife, does it mean I have the right to stab you with it.  There's all kinds of civil opportunities to sue for damages done.  I'm not sure it's criminalized," said Uhrig.

Agent Ogden argues that intentionally ruining someone's reputation and ability to make a living is criminal. 

"This is about a person posting an image that has no legitimate purpose but to harass a victim by associating it to their name, their social media with their personal identifiers.  It puts them at risk, it puts them at emotional distress from the affects of these postings," said Ogden.

Ogden spoke to FOX 35 as he was returning for lobbying state law makers in Tallahassee.  He said he's getting positive feedback on the proposed bill.   It has already passed the House of Representatives Criminal Justice Committee.  He is anxious for other committees to vote on the legislation.

[cattledogkisses]

I like the sentiment behind this, but I have no legal background and I don't know what the implications of this would be if it did become law.

I saw it happen over and over again in high school and college that guys would put their ex-GF's naked pics on blast after a breakup. I always thought it was pretty scummy.

[MrsAxilla]

I like the idea of it being a civil offense rather than a criminal one. If someone did that to me, I'd rather have a shit ton of money than see them behind bars and have no money.

[Deleted]

Mar 31, 2013 20:40:29 GMT -5 MrsAxilla said:

I like the idea of it being a civil offense rather than a criminal one. If someone did that to me, I'd rather have a shit ton of money than see them behind bars and have no money.

We all would, but that outcome is unlikely if the person getting sued doesn't have a shit ton of money. A person in that situation would have little incentive to refrain from this kind of harrassment, and I'm not sure making it a civil offense wouldn't invite frivolous, poorly substantiated claims by money-grabbers.

If someone was considering doing this to me, I'd prefer there were some realistic consequences he'd have to think about first.