Florida Statutes
Fla. Stat. § 794.03 (2025)
Unlawful to publish or broadcast information identifying sexual offense victim.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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794.03 Unlawful to publish or broadcast information identifying sexual offense victim.—No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter, except as provided in s. 119.071(2)(h) or unless the court determines that such information is no longer confidential and exempt pursuant to s. 92.56. An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 6226, 1911; RGS 5053; CGL 7155; s. 2, ch. 74-121; s. 16, ch. 75-298; s. 180, ch. 91-224; s. 1, ch. 94-88; s. 430, ch. 96-406; s. 6, ch. 2008-234.
Arrestable Offenses under F.S. 794.03
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§794.03INVADE PRIVACYPUBLISH BROADCAST INFO ID SEXUAL OFFENSE VICT
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1962–2023 · leading case: Florida Star v. B. J. F., 491 U.S. 524 (1989).
Florida Star v. B. J. F., 491 U.S. 524 (1989). “See Fla. Stat. 794.03 (1987). These facts that the disclosure came in judicial proceedings, which were open to the public were critical to our analysis in Cox Broadcasting.”
State v. Globe Commc'ns Corp., 622 So. 2d 1066 (Fla. 4th DCA 1993). “, did in Palm Beach County, Florida, unlawfully print, publish, or cause to be printed or published in an instrument of mass communication the name, photograph, or other identifying fact or information of the victim of a sexual offense within Chapter 794, Florida Statutes,…”
State v. Globe Commc'ns Corp., 648 So. 2d 110 (Fla. 1994). “4th DCA 1993), in which the Fourth District Court of Appeal declared section 794.03, Florida Statutes, which mandates criminal sanctions for identifying a victim of a sexual offense in any instrument of mass communication, facially unconstitutional under both the United States…”
The Florida Star v. BJF, 530 So. 2d 286 (Fla. 1988). “Publication appeared to be a criminal violation under section 794.03, Florida Statutes (1985). [2] B.”
Cox Broad. Corp. v. Cohn, 420 U.S. 469 (1975). “rint and publish, broadcast, televise, or disseminate through any other medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical or other publication published in this State or through any…”
Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374 (Fla. 1989). “There, a newspaper inadvertently published a rape victim's name in violation *1379 of section 794.03, Florida Statutes (1987), which prohibits such publication.”
Doe v. Sarasota-Bradenton Florida Television Co., 436 So. 2d 328 (Fla. 2d DCA 1983). “That night, during the evening news, appellee ran a video tape of the trial featuring appellant's testimony. While the video tape ran, the newscaster identified appellant by name to the viewing audience.”
State v. Vawter, 642 A.2d 349 (N.J. 1994). “nconstitutional under First Amendment imposition of civil damages against newspaper that violated Florida statute by publishing identity of rape victim, noting that victim's identity had been lawfully obtained and statute was underinclusive in not prohibiting dissemination of…”
Boehner, John A. v. McDermott, James A., 191 F.3d 463 (D.C. Cir. 1999). “2603 (quoting *472 Fla. Stat. § 794.03 (1987)). The federal law is not, however, limited to those means of disclosure and it is not aimed at the press.”
Florida Star v. BJF, 499 So. 2d 883 (Fla. 1st DCA 1986). “2d DCA 1983), particularly the reference to Opinion 075-203 of the Attorney General of Florida (July 14, 1975), which suggests that Section 794.03, Florida Statutes, be applied to the prosecution of parties publishing nonpublic information.”
State v. Neulander, 801 A.2d 255 (N.J. 2002). “in any instrument of mass communication' " name of victim of sexual offense)(quoting Fla. Stat. Ann. § 794.03 (1987)); Smith v.”
Briscoe v. Reader's Digest Ass'n, Inc., 483 P.2d 34 (Cal. 1971). “(Fla.Stat. § 794.03; Ga. Code Ann. § 26-2105 ; S.”
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