R7W-Urge Legis Criminalize Nonconsensual Disclosure Of Explicit Images -Grieco&
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OFFICE OF THE CITY ATTORNEY
RAUL J AGUILA, CITY ATTORNEY
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY RAUL J. AGUILA
DATE: July 23,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION TO
CRIMINALIZE THE NONCONSENSUAL DISCLOSURE OF
SEXUALLY EXPLICIT IMAGES.
Pursuant to the request of Commissioner, Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
COMMISSION MEMORANDUM
Agenda ltem B-l W
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION TO CRIMINALIZE THE NONCONSENSUAL
DISCLOSURE OF SEXUALLY EXPLICIT IMAGES.
WHEREAS, due to the ease with which images can be transmitted by cellphones,
websites, and other forms of electronic and social media, the growing and generally unregulated
activity of nonconsensual pornography, also known as "revenge porn," which is the
nonconsensual disclosure of sexually explicit images, has emerged locally and worldwide; and
WHEREAS, a vengeful ex-partner or malicious hacker can upload an explicit image of a
victim to a website on the internet where thousands of people can view it and other websites
can share it for profit, and that image can quickly dominate the first several pages of "hits" on
the victim's name in a search engine, as well as being emailed or othenvise exhibited to the
victim's family, employer, co-workers, and peers; and
WHEREAS, according to a survey of revenge porn victims conducted by the Cyber Civil
Rights lnitiative, lnc., 93% of victims reported significant emotional distress due to being a
victim; 82o/o said they suffered significant impairment in social, occupational, or other important
areas of functioning; and 42o/o have sought psychological services due to being a victim;
moreover, victims of revenge porn are routinely threatened with sexual assault, stalked,
harassed, fired from jobs, and forced to change schools, some victims have committed suicide,
and nonconsensual pornography can destroy victims' personal relationships as well as their
educational and employment opportunities; and
WHEREAS, nonconsensual pornography is also frequently a form of domestic violence
and the threat to expose intimate pictures is often used to prevent a partner from exiting a
relationship or from reporting other forms of abuse, and is also used by sex traffickers to trap
unwilling individuals in the sex trade; and
WHEREAS, as of May 16, 2014, only thi(een states (Alaska, Arizona, California,
Colorado, Georgia, Hawaii, ldaho, Maryland, New Jersey, Texas, Utah, Virginia, and Wisconsin)
have enacted laws criminalizing nonconsensual pornography; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support the
criminalization of nonconsensual pornography by the State of Florida to protect the rights of
sexual privacy while safeguarding the right to freedom of expression and providing for limited
exemptions for laMul practices relating to medical treatment, law enforcement, and public and
commercial purposes.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Florida Legislature is
hereby urged to enact legislation to criminalize the nonconsensual disclosure of sexually explicit
images.
PASSED and ADOPTED this day of Ju|y,2014.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
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