Frankly, there are not many situations where I would use the phrase "Sue the bastards," however when it comes to pornography of your sons or daughters posted online.... Sue the bastards.
Criminal prosecution is generally what people think of when they want to right a wrong, or imagine a trial on the matter. Criminal prosecution involves the police, and the State Attorney's office, and generally punish offenses against the state and the individuals which prescribe the state.
Beginning October 1st, Florida will be under the control of 784.049, Florida Statutes which makes it a misdemeanor to commit sexual cyberharassment, and a felony for repeat offenders. The proper avenue for getting criminal actions begun is to contact your local police department. Generally, they will work with local prosecutors to get these cases to the point where the offender will be brought before a judge and punished. Misdemeanors are punishable by up to a year in jail.
Civil prosecution of this kind of case is also governed by 784.049.
(5) 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:Section (a) regarding injunctive relief is seeking a court order forcing the person to remove the image from the website, to delete the images wherever they may exist, and to prevent any future posting or use of the image.
(a) Injunctive relief.
(b) Monetary damages to include $5,000.00 or actual damages incurred as a result of a violation of this section, whichever is greater.
(c) Reasonable attorney fees and costs.
Section (b) is the civil penalty associated with the act of harassment. The $5,000 number represents a minimum penalty in the absence of genuine damages. Damages to reputation, business, or other such damages are difficult to calculate and therefore difficult to ascertain. However, if the nude picture somehow damaged someone financially in excess of $5,000.00, those damages could also be recoverable.
Section (c) provides that you should be entitled under the law to recover fees and costs associated with the lawsuit that you file to take down the offending material. This means that if you file a lawsuit, and are successful in the prosecution of the suit, you will be entitled to get every penny back that you reasonably paid to an attorney to get your results achieved.
Graham is Ready to Take Your Case
Finding an attorney to take on a new type of case under a new law is sometimes difficult. You have to call up offices, wait for a call back, then get a quote, etc. etc. etc. Graham loves new cases, and is specially positioned to take these cases immediately.
The law office of Graham W. Syfert at 904-383-7448, will be taking on civil cases regarding online pornography, and will pursue them passionately. Graham has a background in technology, IP networking, and was previously a system administrator for a research firm. Our goal is to find the bastard, terrorize the bastard, and sue the bastard.
The flat fee associated with removing of pornographic images from website will be $1500.00 with about $500.00 of that used for the costs of suit. Graham W. Syfert, P.A. will make every effort to recover every penny you pay in fees or costs, and return your life to where it was before this ever happened.