Florida Senate - 2025 CS for SB 1180 By the Committee on Criminal Justice; and Senator Gaetz 591-02819-25 20251180c1 1 A bill to be entitled 2 An act relating to sexual images; amending s. 827.071, 3 F.S.; defining terms and revising definitions; making 4 technical changes; amending s. 836.13, F.S.; defining 5 terms; providing criminal penalties for persons who 6 willfully and maliciously generate or possess an 7 altered sexual depiction of an identifiable person 8 without the consent of the identifiable person; 9 providing exceptions; specifying what is not 10 considered a defense to the offenses; authorizing an 11 aggrieved person to initiate a civil action against 12 persons who violate specified provisions; revising 13 applicability; amending s. 921.0022, F.S.; ranking 14 offenses created by the act on the offense severity 15 ranking chart of the Criminal Punishment Code; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Subsections (1), (2), and (3) of section 21 827.071, Florida Statutes, are amended, and subsections (4), 22 (5), and (6) of that section are republished, to read: 23 827.071Sexual performance by a child; child pornography; 24 penalties. 25 (1)As used in this section, the term following definitions 26 shall apply: 27 (a)Anus means the end of the gastrointestinal tract and 28 the opening of the rectum to the outside of the body. 29 (b) Child or minor means any person, whose identity is 30 known or unknown, younger than 18 years of age. 31 (c)(b) Child pornography means: 32 1. Any image depicting a minor engaged in sexual conduct; 33 or 34 2. Any image that has been created, altered, adapted, or 35 modified by electronic, mechanical, or other means, to portray 36 an identifiable minor engaged in sexual conduct. 37 (d)(c) Deviate sexual intercourse means sexual conduct 38 between persons not married to each other consisting of contact 39 between the penis and the anus, the mouth and the penis, or the 40 mouth and the vulva. 41 (e)(d) Female genitals includes the labia minora, labia 42 majora, clitoris, vulva, hymen, and vagina. 43 (f)(e) Identifiable minor means a person: 44 1. Who was a minor at the time the image was created, 45 altered, adapted, or modified, or whose image as a minor was 46 used in the creating, altering, adapting, or modifying of the 47 image; and 48 2. Who is recognizable as an actual person by the persons 49 face, likeness, or other distinguishing characteristic, such as 50 a unique birthmark, or other recognizable feature. 51 52 The term may not be construed to require proof of the actual 53 identity of the identifiable minor. 54 (g)(f) Intentionally view means to deliberately, 55 purposefully, and voluntarily view. Proof of intentional viewing 56 requires establishing more than a single image, motion picture, 57 exhibition, show, image, data, computer depiction, 58 representation, or other presentation over any period of time. 59 (h)Male genitals includes the penis and the scrotum. 60 (i)(g) Performance means any play, motion picture, 61 photograph, or dance or any other visual representation 62 exhibited before an audience. 63 (j)(h) Promote means to procure, manufacture, issue, 64 sell, give, provide, lend, mail, deliver, transfer, transmit, 65 transmute, publish, distribute, circulate, disseminate, 66 present, exhibit, send, post, share, or advertise or to offer or 67 agree to do the same. 68 (k)(i) Sadomasochistic abuse means flagellation or 69 torture by or upon a person, or the condition of being fettered, 70 bound, or otherwise physically restrained, for the purpose of 71 deriving sexual satisfaction from inflicting harm on another or 72 receiving such harm oneself. 73 (l)(j) Sexual battery means oral, anal, or female genital 74 penetration by, or union with, the sexual organ of another or 75 the anal or female genital penetration of another by any other 76 object. The term; however, sexual battery does not include an 77 act done for a bona fide medical purpose. 78 (m)(k) Sexual bestiality means any sexual act between a 79 person and an animal involving the sex organ of the one and the 80 mouth, anus, or female genitals of the other. 81 (n)1.(l)Sexual conduct means actual or simulated sexual 82 intercourse, deviate sexual intercourse, sexual bestiality, 83 masturbation, or sadomasochistic abuse; actual or simulated lewd 84 exhibition of the genitals or anus; actual physical contact with 85 a persons clothed or unclothed genitals, pubic area, buttocks, 86 or, if such person is a female, breast, with the intent to 87 arouse or gratify the sexual desire of either party; or any act 88 or conduct which constitutes sexual battery or simulates that 89 sexual battery is being or will be committed. A mothers 90 breastfeeding of her baby does not under any circumstance 91 constitute (m) Sexual performance means any performance or part 110 thereof which includes sexual conduct by a child. 111 (p)(n) Simulated means the explicit depiction of conduct 112 set forth in paragraph (n) (l) which creates the appearance of 113 such conduct and which exhibits any uncovered portion of the 114 breasts, genitals, or buttocks. 115 (2)A person commits is guilty of the use of a child in a 116 sexual performance if, knowing the character and content 117 thereof, he or she employs, authorizes, or induces a child to 118 engage in a sexual performance or, being a parent, legal 119 guardian, or custodian of such child, consents to the 120 participation by such child in a sexual performance. A person 121 who violates this subsection commits a felony of the second 122 degree, punishable as provided in s. 775.082, s. 775.083, or s. 123 775.084. 124 (3)A person commits is guilty of promoting a sexual 125 performance by a child if when, knowing the character and 126 content thereof, he or she produces, directs, or promotes any 127 performance which includes sexual conduct by a child. A person 128 who violates this subsection commits a felony of the second 129 degree, punishable as provided in s. 775.082, s. 775.083, or s. 130 775.084. 131 (4)It is unlawful for any person to possess with the 132 intent to promote any photograph, motion picture, exhibition, 133 show, representation, or other presentation which, in whole or 134 in part, includes child pornography. The possession of three or 135 more copies of such photograph, motion picture, representation, 136 or presentation is prima facie evidence of an intent to promote. 137 A person who violates this subsection commits a felony of the 138 second degree, punishable as provided in s. 775.082, s. 775.083, 139 or s. 775.084. 140 (5)(a)It is unlawful for any person to knowingly possess, 141 control, or intentionally view a photograph, motion picture, 142 exhibition, show, representation, image, data, computer 143 depiction, or other presentation which, in whole or in part, he 144 or she knows to include child pornography. The possession, 145 control, or intentional viewing of each such photograph, motion 146 picture, exhibition, show, image, data, computer depiction, 147 representation, or presentation is a separate offense. If such 148 photograph, motion picture, exhibition, show, representation, 149 image, data, computer depiction, or other presentation includes 150 child pornography depicting more than one child, then each such 151 child in each such photograph, motion picture, exhibition, show, 152 representation, image, data, computer depiction, or other 153 presentation that is knowingly possessed, controlled, or 154 intentionally viewed is a separate offense. A person who 155 violates this paragraph commits a felony of the third degree, 156 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 157 (b)Paragraph (a) does not apply to any material possessed, 158 controlled, or intentionally viewed as part of a law enforcement 159 investigation. 160 (6)Prosecution of a person for an offense under this 161 section does not preclude prosecution of that person in this 162 state for a violation of any other law of this state, including 163 a law providing for greater penalties than prescribed in this 164 section or any other crime punishing the sexual performance or 165 the sexual exploitation of children. 166 Section 2.Section 836.13, Florida Statutes, is amended to 167 read: 168 836.13Promotion of an Altered sexual depictions depiction; 169 prohibited acts; penalties; applicability. 170 (1)As used in this section, the term: 171 (a)Altered sexual depiction means any visual depiction 172 that, as a result of any type of digital, electronic, 173 mechanical, or other modification, alteration, or adaptation, 174 depicts a realistic version of an identifiable person: 175 1.With the nude body parts of another person as the nude 176 body parts of the identifiable person; 177 2.With computer-generated nude body parts as the nude body 178 parts of the identifiable person; or 179 3.Engaging in sexual conduct as defined in s. 847.001 in 180 which the identifiable person did not engage. 181 (b)Generate means to create, alter, adapt, or modify any 182 image by electronic, mechanical, or other computer-generated 183 means to portray an identifiable person or to offer or agree to 184 do the same. 185 (c)(b) Identifiable person means a person who is 186 recognizable as an actual person by the persons face, likeness, 187 or other distinguishing characteristic, such as a unique 188 birthmark, or other recognizable feature. 189 (d)(c) Nude body parts means the human male or female 190 genitals, pubic area, or buttocks with less than fully opaque 191 covering; or the female breast with less than a fully opaque 192 covering of any portion thereof below the top of the nipple; or 193 the depiction of covered male genitals in a discernibly turgid 194 state. The term does not under any circumstances include a 195 mother breastfeeding her baby. 196 (e)Possess means to knowingly or intentionally keep, 197 control, maintain, store, or own, physically or electronically, 198 any altered sexual depiction of an identifiable person without 199 the consent of the identifiable person. 200 (f)(d) Promote means to issue, sell, give, provide, lend, 201 mail, deliver, transfer, transmit, transmute, publish, 202 distribute, circulate, disseminate, present, exhibit, send, 203 post, share, or advertise or to offer or agree to do the same. 204 (g)(e) Visual depiction includes, but is not limited to, 205 a photograph, picture, image, motion picture, film, video, or 206 other visual representation. 207 (2) A person who willfully and maliciously promotes any 208 altered sexual depiction of an identifiable person, without the 209 consent of the identifiable person, and who knows or reasonably 210 should have known that such visual depiction was an altered 211 sexual depiction, commits a felony of the third degree, 212 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 213 An act done for a bona fide medical, literary, academic, or 214 scientific purpose is not a violation of this subsection. 215 (3)A person who willfully and maliciously generates any 216 altered sexual depiction of an identifiable person, without the 217 consent of the identifiable person, and who knows or reasonably 218 should have known that such visual depiction was an altered 219 sexual depiction, commits a felony of the third degree, 220 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 221 An act done for a bona fide medical, literary, academic, or 222 scientific purpose is not a violation of this subsection. 223 (4)A person who willfully and maliciously possesses any 224 altered sexual depiction of an identifiable person, without the 225 consent of the identifiable person, and who knows or reasonably 226 should have known that such visual depiction was an altered 227 sexual depiction, commits a felony of the third degree, 228 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 229 An act done for a bona fide medical, literary, academic, or 230 scientific purpose is not a violation of this subsection. 231 (5)(3) Every act, thing, or transaction prohibited by this 232 section constitutes a separate offense and is punishable as 233 such. 234 (6)(4)The presence of a disclaimer within an altered 235 sexual depiction which notifies a viewer that the person or 236 persons depicted did not consent to or participate in the 237 generation, possession, creation or promotion of the material, 238 or that the person or persons depicted did not actually perform 239 the actions portrayed, is not a defense and does not relieve a 240 person of criminal liability under this section. 241 (7)(5)An aggrieved person may initiate a civil action 242 against a person who violates subsection (2) or subsection (3) 243 to obtain appropriate relief in order to prevent or remedy a 244 violation of subsection (2) or subsection (3), including all of 245 the following: 246 (a)Injunctive relief. 247 (b)Monetary damages to include $10,000 or actual damages 248 incurred as a result of a violation of subsection (2) or 249 subsection (3), whichever is greater. 250 (c)Reasonable attorney fees and costs. 251 (8)(6)The criminal and civil penalties of this section do 252 not apply to: 253 (a)A provider of an interactive computer service as 254 defined in 47 U.S.C. s. 230(f), of an information service as 255 defined in 47 U.S.C. s. 153, or of a communications service as 256 defined in s. 202.11 which provides the transmission, storage, 257 or caching of electronic communications or messages of others; 258 another related telecommunications or commercial mobile radio 259 service; or content provided by another person; 260 (b)A law enforcement officer, as defined in s. 943.10, or 261 any local, state, federal, or military law enforcement agency 262 engaged in that promotes an altered sexual depiction in 263 connection with the performance of his or her duties as a law 264 enforcement officer or the duties of the law enforcement agency; 265 (c)A person reporting unlawful activity; or 266 (d)A person participating in a hearing, trial, or other 267 legal proceeding. 268 (9)(7)A violation of this section is committed within this 269 state if any conduct that is an element of the offense, or any 270 harm to the depicted person resulting from the offense, occurs 271 within this state. 272 (10)(8)Prosecution of a person for an offense under this 273 section does not preclude prosecution of that person in this 274 state for a violation of any other law of this state, including 275 a law providing for greater penalties than prescribed in this 276 section or any other crime related to child pornography or the 277 sexual performance or the sexual exploitation of children. 278 Section 3.Paragraph (c) of subsection (3) of section 279 921.0022, Florida Statutes, is amended to read: 280 921.0022Criminal Punishment Code; offense severity ranking 281 chart. 282 (3)OFFENSE SEVERITY RANKING CHART 283 (c)LEVEL 3 284 285 FloridaStatute FelonyDegree Description 286 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 287 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 288 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 289 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 290 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 291 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 292 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 293 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 294 327.35(2)(b) 3rd Felony BUI. 295 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 296 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 297 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 298 379.2431(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. 299 379.2431(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. 300 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 301 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 302 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 303 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 304 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 305 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 306 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 307 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 308 697.08 3rd Equity skimming. 309 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 310 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older. 311 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 312 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 313 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 314 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 315 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 316 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 317 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 318 812.081(2) 3rd Theft of a trade secret. 319 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 320 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 321 817.233 3rd Burning to defraud insurer. 322 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 323 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 324 817.236 3rd Filing a false motor vehicle insurance application. 325 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 326 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 327 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 328 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 329 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 330 836.13(2) 3rd Promoting Person who promotes an altered sexual depiction of an identifiable person without consent. 331 836.13(3) 3rd Generating an altered sexual depiction of an identifiable person without consent. 332 836.13(4) 3rd Possessing an altered sexual depiction of an identifiable person without consent. 333 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 334 847.01385 3rd Harmful communication to a minor. 335 860.15(3) 3rd Overcharging for repairs and parts. 336 870.01(2) 3rd Riot. 337 870.01(4) 3rd Inciting a riot. 338 893.13(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). 339 893.13(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. 340 893.13(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. 341 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 342 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 343 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 344 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 345 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 346 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 347 893.13(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. 348 893.13(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. 349 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 350 893.13(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. 351 918.13(1) 3rd Tampering with or fabricating physical evidence. 352 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 353 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 354 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 355 Section 4.This act shall take effect October 1, 2025.