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66 Fla. L. Rev. 2325 (2014)
Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute

handle is hein.journals/uflr66 and id is 2389 raw text is: HELL HATH NO FURY LIKE A WOMAN PORNED: REVENGE
PORN AND THE NEED FOR A FEDERAL NONCONSENSUAL
PORNOGRAPHY STATUTE
Aubrey Burris
Abstract
Revenge porn is the term used to describe an intimate image or video
that is initially shared within the context of a private relationship but is
later publicly disclosed, usually on the Internet, without the consent of the
individual featured in the explicit graphic. This nonconsensual disclosure
is generally fueled by an intent to harm, humiliate, and harass the
individual after the relationship has deteriorated. Revenge por is
fundamentally understood as nonconsensual pornography and is an
increasingly common method of malicious cyber-harassment. This Note
explores why the epidemic of revenge porn should be legally addressed and
suggests a solution to the problem. This Note argues that a federal statute is
needed to combat nonconsensual pornography and that a clear and narrow
federal statute can pass First Amendment scrutiny. Finally, this Note
proposes a model federal statute that can serve as a basis to achieve these
goals. In brief, this Note exposes the insidious harms of nonconsensual
pornography and urges that a narrowly tailored federal criminal statute is
the proper vehicle to address the revenge porn epidemic.
IN TRODUCTION  .................................................................................... 2326
I.  THE EPIDEMIC OF NONCONSENSUAL PORNOGRAPHY MUST
B E  A DDRESSED  .................................................................... 2329
A. The Encouraged Role of Technology in Intimate
R elationships  ................................................................ 2329
B. Understanding Nonconsensual Pornography .............. 2333
C. The Harm Caused by Nonconsensual
P ornography  ................................................................. 2336
H. EXISTING LAWS FAIL TO ADEQUATELY ADDRESS
REVENGE   PORN  ................................................................... 2339
A. Existing Civil Actions Do Not Sufficiently Address
Nonconsensual Pornography ....................................... 2339
* J.D., University of Florida 2015, B.A.; Stetson University 2012. My accomplishments are
a result of the loving support of my family and so this Note is dedicated to them. I am also grateful
for the support and guidance from so many members of the University of Florida Levin College of
Law community.

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