Posting consensually obtained nude photographs is not illegal, but a bill proposed to the Florida State Legislature by the Brevard County Sheriff's Office would make it a third-degree felony to do so without the person's written consent (video below).
According to FloridaToday.com, the proposed bill would prohibit "knowing use of a computer or other device to transmit or post any photograph or video of an individual which depicts nudity and contains specified information relating to the depicted individual without first obtaining the depicted person's written consent."
A person who violates the law could be sentenced to up to five years in jail.
Brevard County Sheriff Wayne Ivey said the idea came about when he noticed a trend of people having nude pictures uploaded against their will: "As life goes on, [victims] go in, they apply for a job or they're applying for college or they're in college and someone's Google searching them and then all these pictures are coming up."
"It actually creates a long-term victimization for our victims and, in fact, there's a couple examples where the victims have been so just so overrun by it and so depressed over it they've actually committed suicide."
However, there are already civil laws on the books that do govern the "right to privacy" and "right to publicity," but require a lawsuit.
"Historically, we had bullying that went on in the playground," Sheriff Ivey said. "Today's bullying goes right into your home, it goes into your employer, it goes across the globe. Once something's put out there, even if it's put out there for 30 seconds, it is viral and it's unremovable."
"I think this is a good bill, I think it's a needed bill, so I don't see a lot of issues with it not passing," said Florida Rep. Tom Goodsen, who is working to get the bill to the floor of the state legislature.
"I'm not trying to address the nude picture issue. I'm trying to address that if you're doing this to hurt a person, if you're doing this for malice, that's where you're breaking the law."