Florida Senate - 2025 SB 1180 By Senator Gaetz 1-01171A-25 20251180__ 1 A bill to be entitled 2 An act relating to sexual images; amending s. 827.071, 3 F.S.; revising definitions; prohibiting lewd imagery 4 or depictions involving a child; prohibiting the 5 creation of such depictions; providing criminal 6 penalties; amending s. 836.13, F.S.; defining the term 7 generate; prohibiting the generation of nude photos 8 involving identifiable persons; providing criminal 9 penalties; authorizing civil actions for violations of 10 such prohibition; amending s. 921.0022, F.S.; ranking 11 an offense created by the act on the offense severity 12 ranking chart of the Criminal Punishment Code; 13 providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Paragraphs (b) and (l) of subsection (1) of 18 section 827.071, Florida Statutes, are amended, and subsections 19 (2) through (5) of that section are republished, to read: 20 827.071Sexual performance by a child; child pornography; 21 penalties. 22 (1)As used in this section, the following definitions 23 shall apply: 24 (b)Child pornography means: 25 1.Any image depicting a minor engaged in sexual conduct; 26 or 27 2.Any image that has been created, altered, adapted, or 28 modified by electronic, mechanical, or other means, to portray 29 an identifiable minor engaged in sexual conduct; or 30 3.Any image depicting a minor with actual or simulated 31 exhibition of the genitals. 32 (l)1.Sexual conduct means actual or simulated sexual 33 intercourse, deviate sexual intercourse, sexual bestiality, 34 masturbation, or sadomasochistic abuse; actual or simulated lewd 35 exhibition of the genitals; actual physical contact with a 36 persons clothed or unclothed genitals, pubic area, buttocks, 37 or, if such person is a female, breast, with the intent to 38 arouse or gratify the sexual desire of either party; or any act 39 or conduct which constitutes sexual battery or simulates that 40 sexual battery is being or will be committed. A mothers 41 breastfeeding of her baby does not under any circumstance 42 constitute sexual conduct. 43 2.As used in subparagraph 1., the term actual or lewd 44 exhibition of the genitals may be evidenced by the overall 45 content of the visual depiction, taking into account the age of 46 the minor and, including, but not limited to, whether: 47 a.The focal point of the visual depiction is on the 48 childs genitalia or pubic area; 49 b.The setting of the visual depiction is sexually 50 suggestive or in a place or pose generally associated with 51 sexual activity; 52 c.The child is depicted in an unnatural pose, or in 53 inappropriate attire, considering the age of the child; 54 d.The visual depiction suggests sexual coyness or a 55 willingness to engage in sexual activity; or 56 e.The visual depiction is intended or designed to elicit a 57 sexual response in the viewer. 58 (2)A person is guilty of the use of a child in a sexual 59 performance if, knowing the character and content thereof, he or 60 she employs, authorizes, or induces a child to engage in a 61 sexual performance or, being a parent, legal guardian, or 62 custodian of such child, consents to the participation by such 63 child in a sexual performance. A person who violates this 64 subsection commits a felony of the second degree, punishable as 65 provided in s. 775.082, s. 775.083, or s. 775.084. 66 (3)A person is guilty of promoting a sexual performance by 67 a child when, knowing the character and content thereof, he or 68 she produces, directs, or promotes any performance which 69 includes sexual conduct by a child. A person who violates this 70 subsection commits a felony of the second degree, punishable as 71 provided in s. 775.082, s. 775.083, or s. 775.084. 72 (4)It is unlawful for any person to possess with the 73 intent to promote any photograph, motion picture, exhibition, 74 show, representation, or other presentation which, in whole or 75 in part, includes child pornography. The possession of three or 76 more copies of such photograph, motion picture, representation, 77 or presentation is prima facie evidence of an intent to promote. 78 A person who violates this subsection commits a felony of the 79 second degree, punishable as provided in s. 775.082, s. 775.083, 80 or s. 775.084. 81 (5)(a)It is unlawful for any person to knowingly possess, 82 control, or intentionally view a photograph, motion picture, 83 exhibition, show, representation, image, data, computer 84 depiction, or other presentation which, in whole or in part, he 85 or she knows to include child pornography. The possession, 86 control, or intentional viewing of each such photograph, motion 87 picture, exhibition, show, image, data, computer depiction, 88 representation, or presentation is a separate offense. If such 89 photograph, motion picture, exhibition, show, representation, 90 image, data, computer depiction, or other presentation includes 91 child pornography depicting more than one child, then each such 92 child in each such photograph, motion picture, exhibition, show, 93 representation, image, data, computer depiction, or other 94 presentation that is knowingly possessed, controlled, or 95 intentionally viewed is a separate offense. A person who 96 violates this paragraph commits a felony of the third degree, 97 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 98 (b)Paragraph (a) does not apply to any material possessed, 99 controlled, or intentionally viewed as part of a law enforcement 100 investigation. 101 Section 2.Present paragraphs (b) through (e) of subsection 102 (1) of section 836.13, Florida Statutes, are redesignated as 103 paragraphs (c) through (f), respectively, a new paragraph (b) is 104 added to that subsection, present subsections (3) through (8) of 105 that section are renumbered as subsections (4) through (9), 106 respectively, present subsection (5) is amended, and a new 107 subsection (3) is added to that section, to read: 108 836.13Promotion of an Altered sexual depiction; prohibited 109 acts; penalties; applicability. 110 (1)As used in this section, the term: 111 (b)Generate means to create, alter, adapt, or modify any 112 image by electronic, mechanical, or other computer-generated 113 means to portray an identifiable person or to offer or agree to 114 do the same. 115 (3)A person who willfully generates or possesses any 116 altered sexual depiction of an identifiable person, without the 117 consent of the identifiable person, and who knows or reasonably 118 should have known that such visual depiction was an altered 119 sexual depiction commits a felony of the third degree, 120 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 121 (6)(5)An aggrieved person may initiate a civil action 122 against a person who violates subsection (2) or subsection (3) 123 to obtain appropriate relief in order to prevent or remedy a 124 violation of subsection (2) or subsection (3), including all of 125 the following: 126 (a)Injunctive relief. 127 (b)Monetary damages to include $10,000 or actual damages 128 incurred as a result of a violation of subsection (2) or 129 subsection (3), whichever is greater. 130 (c)Reasonable attorney fees and costs. 131 Section 3.Paragraph (c) of subsection (3) of section 132 921.0022, Florida Statutes, is amended to read: 133 921.0022Criminal Punishment Code; offense severity ranking 134 chart. 135 (3)OFFENSE SEVERITY RANKING CHART 136 (c)LEVEL 3 137 138 FloridaStatute FelonyDegree Description 139 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 140 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 141 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 142 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 143 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 144 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 145 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 146 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 147 327.35(2)(b) 3rd Felony BUI. 148 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 149 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 150 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 151 379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 152 379.2431(1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 153 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 154 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 155 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 156 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 157 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 158 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 159 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 160 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 161 697.08 3rd Equity skimming. 162 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 163 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 164 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 165 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 166 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 167 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 168 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 169 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 170 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 171 812.081(2) 3rd Theft of a trade secret. 172 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 173 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 174 817.233 3rd Burning to defraud insurer. 175 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 176 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 177 817.236 3rd Filing a false motor vehicle insurance application. 178 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 179 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 180 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 181 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 182 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 183 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent. 184 836.13(3) 3rd Person who generates or possesses an altered sexual depiction of an identifiable person without consent. 185 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 186 847.01385 3rd Harmful communication to a minor. 187 860.15(3) 3rd Overcharging for repairs and parts. 188 870.01(2) 3rd Riot. 189 870.01(4) 3rd Inciting a riot. 190 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 191 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 192 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 193 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 194 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 195 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 196 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 197 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 198 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 199 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioners practice. 200 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 201 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 202 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 203 918.13(1) 3rd Tampering with or fabricating physical evidence. 204 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 205 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 206 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 207 Section 4.This act shall take effect October 1, 2025.