(1) As used in this section, the term:(a) “Identifiable person” has the same meaning as in s. 836.13. (b) “Promote” has the same meaning as in s. 836.13. (c) “Sexually explicit image” means any image depicting an identifiable person portraying nudity as defined in s. 847.001 or an identifiable person engaging in sexual conduct as defined in s. 847.001. (2) A person who commits a theft in violation of s. 812.014 of a sexually explicit image with the intent to promote such image commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who willfully possesses with the intent to promote a sexually explicit image for the purpose of pecuniary or any other financial gain, when he or she knows or should have known the image was obtained in violation of subsection (2), commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who willfully promotes, through the use of print media, an Internet website, or other electronic means, for the purpose of pecuniary or any other financial gain, a sexually explicit image without consent of the identifiable person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) Every act, thing, or transaction prohibited by this section constitutes a separate offense and is punishable as such.
(6) An aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation of this section, including the following:(a) Injunctive relief.
(b) Monetary damages to include $10,000 or actual damages incurred as a result of a violation of this section, whichever is greater.
(c) Reasonable attorney fees and costs.
(7) The criminal and civil penalties of this section do not apply to:(a) A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), of an information service as defined in 47 U.S.C. s. 153, or of a communications service as defined in s. 202.11 which provides the transmission, storage, or caching of electronic communications or messages of others; another related telecommunications or commercial mobile radio service; or content provided by another person; (b) A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or military law enforcement agency that disseminates a sexually explicit image in connection with the performance of his or her duties as a law enforcement officer or the duties of the law enforcement agency; (c) A person reporting unlawful activity;
(d) A person participating in a hearing, trial, or other legal proceeding;
(e) Sexually explicit images involving voluntary exposure in a public or commercial setting; or
(f) Sexually explicit images possessed or promoted by a bona fide news media organization for a legitimate and newsworthy purpose.
(8) A violation of this section is committed within this state if any conduct that is an element of the offense, or any harm to the depicted individual resulting from the offense, occurs within this state.
(9) Prosecution of a person for an offense under this section does not preclude prosecution of that person in this state for a violation of any other law of this state, including a law providing for greater penalties than prescribed in this section or any other crime related to child pornography or the sexual performance or the sexual exploitation of children.
