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States begin making cyber flashing illegal

On Behalf of | Dec 16, 2020 | Criminal Defense

Cyber flashing is the act of sending explicit pictures to people who do not want them or at least have not asked to see them. This is a common action on some dating sites, and some people see it as a way to “spice up” the conversation. However, following complaints that people do not want to see these pictures, states have started to make the process illegal.

Have Florida laws changed?

As of right now, the laws in Florida have not changed. Still, as laws hit the books in other states, it’s important to keep an eye on legislation in Florida. As you can see with many other laws — such as the legalization of marijuana — there is often a domino effect, where states follow the lead of those who are on the forefront of these changes.

The only state that has expressly made this practice illegal is Texas. Similar legislation has also been introduced in California, but it has not been made into law yet. It has also been considered in New York.

What does this mean for you?

There are a few things to consider here. First and foremost, the question of whether someone wanted to see the pictures or not is going to play prominently in these cases. What if they sent you signals that made you think they wanted you to text an explicit picture, so you did, and then they backtracked and accused you of violating their rights?

The good news is that most of this happens over text or similar apps. That means there will generally be some evidence of how the conversation played out. If you do find yourself accused of criminal activity, be sure you know exactly what rights you have.