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Sending nude or semi nude photos to someone has become a trend that both kids and adults are doing. The “sexting” is meant to remain private.  If a vindictive ex posts the photo online for others to see without consent – an act known as revenge porn – there is no penalty in Florida. Sen. David Simmons bill would criminalize revenge porn.

“There are going to be a lot of people that are going to think twice about publishing these types of intimate photographs,” said Sen. Simmons (R-Altamonte Springs).

Some lawmakers are concerned that the bill is too harsh on 18 year olds in high school that are sending pictures back and forth. An 18 year old found posting a picture of a victim younger than 16 could face a first degree misdemeanor. Senator Audrey Gibson is concerned it could leave a permanent mark on a high school senior’s record.

“I think we need to make sure it’s harassment and it rises to the level of harassment and the level of being vindictive,” said Sen. Gibson (D-Jacksonville).

The bill had originally carried felony charges but has been amended down to misdemeanors.  The message from Florida remains the same: don’t press send.

The Florida Sheriff’s Association had pushed for stiffer penalties, but is still supporting the bill. Only California and New Jersey have revenge porn laws on the books.