Florida criminal charge
Sexual cyberharassment in Florida
Sexual cyberharassment is a criminal offense under Florida law, defined by Fla. Stat. § 784.049. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 784.049.
What is the penalty for sexual cyberharassment in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Sexual cyberharassment — first offense — A person who willfully and maliciously sexually cyberharasses another person, unless the pecuniary gain provision or the repeat-offense provision applies.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Sexual cyberharassment — first offense — A person who willfully and maliciously sexually cyberharasses another person, unless the pecuniary gain provision or the repeat-offense provision applies.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Sexual cyberharassment — second or subsequent offense — A person who has one prior conviction for sexual cyberharassment and commits a second or subsequent sexual cyberharassment.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sexual cyberharassment — second or subsequent offense — A person who has one prior conviction for sexual cyberharassment and commits a second or subsequent sexual cyberharassment.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Sexual cyberharassment for financial gain — first offense — A person who violates the section for the purpose of pecuniary or other financial gain, unless it is a second or subsequent such violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sexual cyberharassment for financial gain — first offense — A person who violates the section for the purpose of pecuniary or other financial gain, unless it is a second or subsequent such violation.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Sexual cyberharassment for financial gain — second or subsequent offense — A person who commits a second or subsequent violation of the financial gain provision in subsection (4).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Sexual cyberharassment for financial gain — second or subsequent offense — A person who commits a second or subsequent violation of the financial gain provision in subsection (4).; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is sexual cyberharassment classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sexual cyberharassment — first offense | Misdemeanor of the First Degree | A person who willfully and maliciously sexually cyberharasses another person, unless the pecuniary gain provision or the repeat-offense provision applies. | Fla. Stat. § 784.049(3)(a) |
| Sexual cyberharassment — second or subsequent offense | Felony of the Third Degree | A person who has one prior conviction for sexual cyberharassment and commits a second or subsequent sexual cyberharassment. | Fla. Stat. § 784.049(3)(b) |
| Sexual cyberharassment for financial gain — first offense | Felony of the Third Degree | A person who violates the section for the purpose of pecuniary or other financial gain, unless it is a second or subsequent such violation. | Fla. Stat. § 784.049(4)(a) |
| Sexual cyberharassment for financial gain — second or subsequent offense | Felony of the Second Degree | A person who commits a second or subsequent violation of the financial gain provision in subsection (4). | Fla. Stat. § 784.049(4)(b) |
Common questions about sexual cyberharassment in Florida
Is sexual cyberharassment a felony or a misdemeanor in Florida?
It depends on the circumstances: sexual cyberharassment ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 784.049.
Sexual cyberharassment — first offense: Misdemeanor of the First Degree (Fla. Stat. § 784.049(3)(a)) · Sexual cyberharassment — second or subsequent offense: Felony of the Third Degree (Fla. Stat. § 784.049(3)(b)) · Sexual cyberharassment for financial gain — first offense: Felony of the Third Degree (Fla. Stat. § 784.049(4)(a)) · Sexual cyberharassment for financial gain — second or subsequent offense: Felony of the Second Degree (Fla. Stat. § 784.049(4)(b))
What are the penalties for sexual cyberharassment in Florida?
Penalties for sexual cyberharassment in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers sexual cyberharassment?
Sexual cyberharassment is governed by Fla. Stat. § 784.049 (Sexual cyberharassment).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.