Florida criminal charge
Theft or unauthorized promotion of a sexually explicit image in Florida
Theft or unauthorized promotion of a sexually explicit image is a criminal offense under Florida law, defined by Fla. Stat. § 836.14. 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. § 836.14.
What is the penalty for theft or unauthorized promotion of a sexually explicit image in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Theft of sexually explicit image with intent to promote — A person commits a theft in violation of s. 812.014 of a sexually explicit image with the intent to promote such image.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Theft of sexually explicit image with intent to promote — A person commits a theft in violation of s. 812.014 of a sexually explicit image with the intent to promote such image.; 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 (Possession with intent to promote for financial gain — A person willfully possesses with intent to promote a sexually explicit image for pecuniary or other financial gain, knowing or having reason to know the image was obtained via a theft violation under subsection (2).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession with intent to promote for financial gain — A person willfully possesses with intent to promote a sexually explicit image for pecuniary or other financial gain, knowing or having reason to know the image was obtained via a theft violation under subsection (2).; 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 (Promotion for financial gain without consent — A person willfully promotes, through print media, an Internet website, or other electronic means, for pecuniary or other financial gain, a sexually explicit image without the consent of the identifiable person.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Promotion for financial gain without consent — A person willfully promotes, through print media, an Internet website, or other electronic means, for pecuniary or other financial gain, a sexually explicit image without the consent of the identifiable person.; 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 theft or unauthorized promotion of a sexually explicit image classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Theft of sexually explicit image with intent to promote | Felony of the Third Degree | A person commits a theft in violation of s. 812.014 of a sexually explicit image with the intent to promote such image. | Fla. Stat. § 836.14(2) |
| Possession with intent to promote for financial gain | Felony of the Third Degree | A person willfully possesses with intent to promote a sexually explicit image for pecuniary or other financial gain, knowing or having reason to know the image was obtained via a theft violation under subsection (2). | Fla. Stat. § 836.14(3) |
| Promotion for financial gain without consent | Felony of the Second Degree | A person willfully promotes, through print media, an Internet website, or other electronic means, for pecuniary or other financial gain, a sexually explicit image without the consent of the identifiable person. | Fla. Stat. § 836.14(4) |
Common questions about theft or unauthorized promotion of a sexually explicit image in Florida
Is theft or unauthorized promotion of a sexually explicit image a felony or a misdemeanor in Florida?
It depends on the circumstances: theft or unauthorized promotion of a sexually explicit image ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 836.14.
Theft of sexually explicit image with intent to promote: Felony of the Third Degree (Fla. Stat. § 836.14(2)) · Possession with intent to promote for financial gain: Felony of the Third Degree (Fla. Stat. § 836.14(3)) · Promotion for financial gain without consent: Felony of the Second Degree (Fla. Stat. § 836.14(4))
What are the penalties for theft or unauthorized promotion of a sexually explicit image in Florida?
Penalties for theft or unauthorized promotion of a sexually explicit image in Florida depend on how it is classified — from a Felony of the Third 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 theft or unauthorized promotion of a sexually explicit image?
Theft or unauthorized promotion of a sexually explicit image is governed by Fla. Stat. § 836.14 (Theft or unauthorized promotion of a sexually explicit image).
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.