Wisc., Fla. Move 'Revenge Porn' Legislation Forward

TALLAHASSEE, Fla. — The legislatures of both Florida and Wisconsin moved forward their states' respective "revenge porn" laws today.

Both bills focus on the same result — to increase penalties where people use the web to spread explicit images, oftentimes accompanied with personal information including addresses and other website linkage.

Florida's bill, SB 532, would make it a second degree misdemeanor to attempt to harass another person by blogging, tweeting or transmitting "a sexually explicit image of that person without his or her consent to a social networking service or website or by means of another electronic medium."

It would be a first-degree misdemeanor if the violator is older than 18 and the victim is younger than 16 years old.

Florida's bill now heads to the House, where lawmakers have until May 2 to act on it.

Adult industry attorney Lawrence Walters told XBIZ on Tuesday that while revenge porn activity is reprehensible, it should be dealt with effectively by the law.

"The Florida Legislature is still debating the nuances of how it will handle revenge porn activity," said Walters of Walters Law Group in Longwood, Fla. "I've had the opportunity to submit comments to the legislators in the state regarding some of the constitutional concerns with these bills, and the recently released staff analysis (see attachment below) confirms that those issues are being considered by the Legislature.

"Importantly, it is not the intent of the proposed laws to hold online service providers liable for revenge porn violations. Limiting the scope of liability to the persons who actually posted the offending content, while protecting be online service providers, strikes and appropriate balance from a Section 230 and free speech standpoint.

"It is my hope that the legislatures in various states considering these bills will focus on enhancing civil penalties as opposed to criminalizing even this offensive form of speech."

Wisconsin's bill, SB 367, passed on a voice vote Tuesday. The piece of legislation must pass Wisconsin's Assembly on Thursday, its final day in session, or it will be die.

Wisconsin's bill would make it a misdemeanor to disseminate a nude picture without the subject's consent, regardless of whether the subject granted permission to capture the image. It would be punishable by up to $10,000 in fines and nine months in jail.

Legislatures in Georgia, Delaware, Arizona, Washington, Maryland, New York, Pennsylvania, Virginia, Rhode Island and Maryland have considered implementing similar laws.

California and New Jersey already have enacted revenge porn laws.

View Fla. SB 532 analysis, fiscal impact statement

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Ukrainian President Responds to Porn Legalization Petition

President Volodymyr Zelensky responded Tuesday to an OnlyFans model’s petition to decriminalize pornography in Ukraine, stating that he would wait for the legislative process to play out “in accordance with established procedure.”

Only Tax Deductions Joins Pineapple Support as Sponsor

Adult industry accounting firm Only Tax Deductions has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Adult Empire Launches 'Conversations' Podcast Series

Adult Empire has launched a new official podcast series hosted by Nicole Chappelle and Charlie.

Sex Work CEO Launches 'Teams Plan' for AI Assistant

Sex Work CEO has introduced the new Teams Plan for its AI-powered, NSFW text generator, GPTease.

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

Show More