Is Sexual Harassment a Crime in Florida?

What Is Sexual Harassment?

Florida law defines sexual harassment as unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. It’s often discussed in the context of the workplace or educational institutions, but it can occur anywhere—at work, in public, online, even at home.

Harassment can create a hostile, intimidating, or offensive environment, particularly harassment in the workplace, that interferes with daily life or an employee’s ability to do their job. For example, “quid quo pro” is when submission to or rejection of sexual conduct or sexual favors is used as a basis for employment decisions (e.g., promotions, raises, continued employment).

Florida law also addresses sexual cyberharassment, which involves publishing sexually explicit images online without consent and with the intent to cause emotional distress.

In most cases, sexual harassment is handled as a civil matter, not a criminal one. That means it’s addressed through lawsuits, internal investigations, or administrative complaints, not through arrest or jail time. But that doesn’t mean it’s not serious or that criminal law doesn’t become involved.

When Is Sexual Harassment a Crime in Florida?

Under Florida law, certain behaviors that fall under the broad category of sexual harassment may also violate the criminal code. Here’s where things can cross the line and sexual harassment turns criminal:

1. Sexual Battery (Fla. Stat. § 794.011)

If someone is accused of touching another person sexually without their consent, it can lead to a charge of sexual battery. This is a serious felony that carries significant prison time, even for first-time offenders.

Sexual battery includes a range of unwelcome sex-based conduct, from unwanted groping to forced sexual intercourse. The severity of the charge and potential criminal prosecution depend on factors like the victim’s age, whether force or coercion was used for a sexual act, and whether the accused had a position of authority.

2. Stalking and Cyberstalking (Fla. Stat. § 784.048)

Persistent, unwanted attention—whether in person, through text messages, or online—can rise to the level of criminal stalking. This includes repeated contact that causes substantial emotional distress and serves no legitimate purpose. If threats are involved, the charge can escalate to aggravated stalking, which is a felony.

3. Sexual Cyberharassment (Fla. Stat. § 784.049)

Sharing or threatening to share intimate images or videos without consent—often called “revenge porn”—is a sexual cyberharassment crime in Florida. This law, passed in response to the rise of online harassment, covers the posting or distribution of sexually explicit content without the depicted person’s permission.

4. Lewd or Lascivious Behavior (Fla. Stat. § 800.04)

If someone exposes themselves or makes obscene comments or gestures—especially toward a minor—that can lead to criminal charges. Depending on the context, these charges can range from misdemeanors to felonies.

Civil vs. Criminal: Why the Distinction Matters

Florida law, along with Title VII of the Civil Rights Act of 1964, prohibits sexual harassment and provides remedies for victims, including compensation for emotional distress, lost wages, and legal costs. Employers are responsible for maintaining a harassment-free environment. When they fail to do so, the victim can file a complaint with the Florida Commission on Human Relations or the U.S. Equal Employment Opportunity Commission.

These are civil matters, and they can result in financial penalties or job consequences, but not jail.

However, if the behavior includes any of the criminal acts listed above, law enforcement may get involved. That’s when things move from a company’s HR department to the state attorney’s office—and when someone accused may find themselves facing real criminal charges.

What to Do If You’re Accused of Sexual Harassment in Florida

Being accused of sexual harassment—especially if the claim suggests criminal behavior—can upend your life in an instant. Whether the allegation stems from a workplace interaction, a personal relationship, or something posted online, the consequences can be serious and far-reaching.

Not every allegation of harassing behavior is rooted in fact. The law doesn’t always do a good job of sorting out nuance. But here’s what matters: the moment you’re accused, you’re at legal risk. What you say—or don’t say—can impact your future.

If this is happening to you, here’s what you need to do:

Don’t engage. Avoid any contact with the person making the allegation. Don’t try to explain or apologize. That can make things worse or be misinterpreted later.
Don’t talk to HR or police without a lawyer. Even a casual conversation can be used against you. If you’re contacted by law enforcement or your employer’s investigator, politely decline to answer questions until you’ve spoken with an attorney.
Preserve evidence. Save texts, emails, social media messages, and anything else that helps tell your side of the story. Do not delete anything—even if it’s embarrassing.
Get legal help immediately. You need an experienced criminal defense attorney who knows the criminal justice system inside and out—someone who can assess the facts, explain the stakes, and understand the nuances of sexual harassment to build your defense.

If You’re Facing Charges for a Criminal Offense, Your Next Move Matters

Get a Free Consultation with Mike G Law

Sexual harassment allegations that involve potential criminal charges—like stalking, battery, or sexual misconduct—need to be taken seriously from day one. These cases move quickly, and early missteps can have permanent consequences.

Mike G is a former prosecutor who’s now one of Tampa’s most experienced and aggressive criminal defense attorneys. He knows how prosecutors think, how police investigate, and how judges evaluate these cases. That inside knowledge means you get a defense that’s smart, strategic, and grounded in real courtroom experience.

Reach out to Mike G Law today for a confidential, no-pressure consultation. He’ll walk you through the risks, explain your options, and help you take control of the situation before it takes control of you.

Call now or fill out our contact form to get started with a free case evaluation.

FAQs: Is Sexual Harassment a Crime in Florida?

Can verbal harassment be a crime in Florida?

Verbal harassment alone is typically not a criminal offense unless it’s accompanied by credible threats or part of a pattern that constitutes stalking or assault. However, verbal abuse—especially if it includes threats of violence—can be subject to criminal complaint or prosecution under Florida’s stalking and harassment laws.

When does workplace sexual harassment become criminal?

Harassment in the workplace becomes criminal when the behavior involves physical contact, repeated threats, sexual battery, or sexually explicit content shared without consent. For example, if a supervisor demands sexual favors in exchange for job security and follows up with unwanted touching, that could result in both civil and criminal penalties.

What are the legal consequences for sexually harassing someone in Florida?

The penalties vary based on the specific criminal charge. Sexual battery can carry decades—or even life—in prison. Stalking and cyberstalking can be charged as misdemeanors or felonies, depending on whether threats were made. Sharing private images online may lead to criminal charges under Florida’s sexual cyberharassment laws. If convicted, a person may face jail time, registration as a sex offender, and long-term consequences that affect employment and reputation.

Can I go to jail for sexually harassing someone?

Yes—if the conduct rises to the level of a criminal offense. Not every sexual harassment claim results in jail, but certain behaviors, like unwanted touching, repeated threats, or sharing explicit images, are worthy of criminal prosecution. These cases can carry real consequences, including incarceration.

What should I do if I’ve been falsely accused of harassment or assault?

Allegations of harassment—especially when they’re exaggerated, misinterpreted, or false—can be challenging and emotionally taxing. If you’ve been accused, take it seriously. Avoid responding directly, preserve all evidence, and contact an experienced criminal defense attorney immediately. Early legal support is critical in protecting your rights and defending your reputation.

Are there examples of sexual harassment that could overlap with criminal laws?

Yes. Examples include:

Sending unsolicited explicit photos (can be charged under sexual cyberharassment)
Groping or unwanted physical contact (can be charged as battery or sexual battery)
Repeated sexual comments paired with threats (may qualify as stalking)

These types of harassment are not just civil issues—they can be disturbing, unlawful, and subject to criminal prosecution.

How do state and federal laws correlate?

Florida state laws and the federal Civil Rights Act both prohibit sexual harassment based on sex or gender. While civil court handles most workplace claims, criminal courts address conduct that violates Florida’s criminal code. Victims of sexual harassment may be entitled to civil remedies, while perpetrators may face both civil and criminal consequences, depending on the circumstances.

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