The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Criminal and Civil Justice
BILL: CS/CS/SB 1180
INTRODUCER: Appropriations Committee on Criminal and Civil Justice, Criminal Justice Committee
and Senator Gaetz
SUBJECT: Sexual Images
DATE: April 11, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Parker Stokes CJ Fav/CS
2. Atchley Harkness ACJ Fav/CS
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1180 provides guidance on proving actual or lewd exhibition and prohibits generation
or possession of certain images.
The bill creates s. 800.045, F.S., to provide offenses regarding lewd or lascivious images and
defines the terms “identifiable minor”, “intentionally view”, “lewd or lascivious image”, and
“promote”.
The bill provides that it is a second degree felony for any person to possess with the intent to
promote any photograph, motion picture, exhibition, show, representation, or other presentation
which, in whole or in part includes a lewd or lascivious image. The bill provides an exception for
any material solicited, possessed, controlled, or intentionally viewed as part of a law enforcement
investigation.
It also provides that it is third degree felony for any person to knowingly solicit, possess, control,
or intentionally view a photograph, motion picture, exhibition, show, representation, image, data,
computer depiction, or other presentation, in whole or in part, which he or she knows to include a
lewd or lascivious image. The solicitation, possession, control, or intentional viewing of each
such photograph, motion picture, exhibition, show, image, data, computer depiction,
representation, or presentation is a separate offense. If such photograph, motion picture,
exhibition, show, representation, image, data, computer depiction, or other presentation includes
REVISED: BILL: CS/CS/SB 1180 Page 2
a lewd or lascivious image depicting more than one minor, each such minor in each such
photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or
other presentation who is knowingly solicited, possessed, controlled, or intentionally viewed is a
separate offense.
The bill amends s. 827.071, F.S., to expand the definition of the term “sexual conduct” to include
“anus”, and provide that the term “actual or simulated lewd exhibition of the genitals” may be
evidenced by the overall content of an image, taking into account the age of the minor depicted
and including, but not limited to, whether:
• The focal point of the image is on the minor’s genitalia;
• The setting of the image is sexually suggestive or in a place or pose generally associated with
sexual conduct;
• The minor is depicted in an unnatural pose, or in inappropriate attire, considering the age of
the minor;
• The image suggests sexual coyness or a willingness to engage in sexual conduct; or
• The image is intended or designed to elicit a sexual response in the viewer.
The bill creates s. 827.073, F.S., to create offenses related of altered sexual depiction of a minor
and to define the terms “altered sexual depiction,” “generate”, “visual depiction”, “identifiable
minor”, “intentionally view”, and “promote.”
The bill provides that it is a third degree felony for a person to:
• Knowingly possess, control, or intentionally view a visual depiction that, in whole or in part,
he or she knows includes an altered sexual depiction of an identifiable minor.
• Intentionally generate an altered sexual depiction of a minor.
• Solicits an altered sexual depiction of a minor.
The bill also provides that it is a second degree felony for a person who willfully and
intentionally promotes an altered sexual depiction of an identifiable minor, without the consent
of the identifiable minor, and who knows or reasonably should have known that such visual
depiction was an altered sexual depiction.
The bill amends s. 836.13, F.S., to define the term “generate.”
The bill provides that it is a third degree felony for a person to:
• Willfully generates an altered sexual depiction of an identifiable person, without the consent
of the identifiable person, and who knows or reasonably should have known that such visual
depiction was an altered sexual depiction.
• Solicit an altered sexual depiction of an identifiable person, without the consent of the
identifiable person, and who knows or reasonably should have known that such visual
depiction was an altered sexual depiction.
The bill authorizes a person who is portrayed in an altered sexual depiction without his or her
consent to initiate a civil cause of action against a person who willfully generates such an altered
sexual depiction to obtain appropriate relief to prevent or remedy the generation of such a
depiction, including: BILL: CS/CS/SB 1180 Page 3
• Injunctive relief;
• Monetary damages to include $10,000 or actual damages incurred; and
• Reasonable attorney fees and costs.
The bill amends 921.0022, F.S., to provide penalties for specified offenses regarding sexual
images and related acts in the Offense Severity Ranking Chart (OSRC) of the Criminal
Punishment Code.
The bill may have a positive indeterminate fiscal impact (unquantifiable increase in prison beds)
on the Department of Corrections. See Section V., Fiscal Impact Statement.
The bill takes effect October 1, 2025.
II. Present Situation:
Altered Sexual Depictions
Nonconsensual altered sexual depictions are distinguishable from consensual pornography as the
person being depicted has not given his or her consent and did not actually engage in the sexual
behavior he or she is depicted as doing. Such depictions may exploit the depicted person for
other’s gratification and may cause emotional and reputational harm stemming from subsequent
uses of the depiction and society’s response to the person depicted.
1
Section 836.13, F.S., defines “Altered sexual depiction” to mean any visual depiction that, as a
result of any type of digital, electronic, mechanical, or other modification, alteration, or
adaptation, depicts a realistic version of an identifiable person:
2
• With the nude body parts of another person as the nude body parts of the identifiable person;
• With computer-generated nude body parts as the nude body parts of the identifiable person;
or
• Engaging in sexual conduct as defined in s. 847.001, F.S.,
3
in which the identifiable person
did not engage.
1
Mathew B. Kugler and Carly Pace, Deepfake Privacy: Attitudes and Regulation, Northwestern University Law Review,
2021 Vol 116:611, p. 624-25,
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1476&context=nulr (last visited March 19,
2025).
2
Section 836.13(1)(b), F.S., defines “Identifiable person” to mean a person who is recognizable as an actual person by the
person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.
3
Section 847.001(19), F.S., defines “Sexual conduct” to mean actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals;
actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female,
breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual
battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under
any circumstance constitute “sexual conduct.” BILL: CS/CS/SB 1180 Page 4
A person who willfully and maliciously promotes any altered sexual depiction of an identifiable
person, without the consent of the identifiable person, and who knows or reasonably should have
known that such visual depiction was an altered sexual depiction, commits a third degree felony.
4
The presence of a disclaimer within an altered sexual depiction which notifies a viewer that the
person or persons depicted did not consent to or participate in the creation or promotion of the
material, or that the person or persons depicted did not actually perform the actions portrayed, is
not a defense and does not relieve a person of criminal liability under this section.
5
A person who is portrayed in such an altered sexual depiction without his or her consent may
initiate a civil cause of action against a person who willfully and maliciously promoted such
depiction and may obtain appropriate relief to prevent or remedy the promotion, including:
• Injunctive relief.
• Monetary damages to include $10,000 or actual damages incurred.
• Reasonable attorney fees and costs.
6
Child Pornography
The law prohibits any person to knowingly produce, distribute, receive, or possess with intent to
transfer or distribute material that appears to depict minors engaged in sexually explicit conduct
and is deemed obscene.
7
Miller v. California established the test for determining obscenity, now known as the Miller
8
test, which outlines three criteria for material to be considered obscene. The three-prong test
requires the trier of fact to consider the following factors to determine if something is obscene:
• Whether “the average person, applying contemporary community standards” would find that
the work, taken as a whole, appeals to the prurient interest;
• Whether the work depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable state law; and
• Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific
value.
9
The test for determining whether matter involving minors is obscene is a slightly lower threshold
than the Miller test. Material involving minors can be considered obscene if:
• It depicts an image that is, or appears to be a minor engaged in graphic bestiality, sadistic or
masochistic abuse, or sexual intercourse; and
• The image lacks serious literary, artistic, political, or scientific value.
10
4
A third degree felony is punishable by a term of imprisonment up to 5 years and a $5,000 fine as provided in ss. 775.082,
775.083, and 775.084, F.S.
5
Section 836.13(4), F.S.
6
Section 836.13(5), F.S.
7
18 U.S.C.A. s. 1466A. (2003).
8
Miller v. California, 413 U.S. 15, 24 (1973).
9
Id.
10
Id. BILL: CS/CS/SB 1180 Page 5
The Court tends to grant greater protections to minors, routinely upholding state statutes that
penalize those who possess or disseminate obscene material relating to minors. In New York v.
Ferber, the defendant was convicted for distributing material that depicted a sexual performance
by a minor under the age of 16 in violation of a state law that prohibited persons from knowingly
promoting material that depicted such a performance.
11
In Ferber, the Court held that the statute
at issue did not violate the First Amendment, explaining that the states have a compelling
interest, and thus are granted more leeway, in regulating pornographic depictions of children.
12
The Court reasoned that such material bears so heavily on the welfare of children engaged in its
production that a balance of compelling interests are struck and, therefore, these materials are not
afforded the protections of the First Amendment.
13
Present law defines child pornography to mean:
• Any image depicting a minor engaged in sexual conduct; or
• Any image that has been created, altered, adapted, or modified by electronic, mechanical, or
other means, to portray an identifiable minor engaged in sexual conduct.
14
Sexual performance means, a person is guilty of the use of a child in a sexual performance if,
knowing the character and content thereof, he or she employs, authorizes, or induces a child to
engage in a sexual performance or, being a parent, legal guardian, or custodian of such child,
consents to the participation by such child in a sexual performance. A person who violates this
offense commits a second degree felony.
15,16
A person is guilty of promoting a sexual performance by a child when, knowing the character
and content thereof, he or she produces, directs, or promotes any performance which includes
sexual conduct by a child.
17
A person who violates this offense commits a second degree felony.
It is unlawful for any person to possess with the intent to promote
18
any photograph, motion
picture, exhibition, show, representation, or other presentation which, in whole or in part,
includes child pornography. The possession of three or more copies of such photograph, motion
picture, representation, or presentation is prima facie evidence of an intent to promote. A person
who violates this offense commits a second degree felony.
This provision does not apply to any material possessed, controlled, or intentionally viewed as
part of a law enforcement investigation.
11
New York v. Ferber, 458 U.S. 747 (1982).
12
Ferber, 458 U.S. at 756.
13
Id. at 747-48.
14
Section 827.071(1)(b), F.S.
15
Section 827.071(2), F.S.
16
A second degree felony is punishable by a term of imprisonment not exceeding 15 years and a fine up to $10,000, as
provided in ss. 775.082, 775.083, and 775.084, F.S.
17
Section 827.071(3), F.S.
18
Section 836.13(4), F.S., defines “Promote” to mean to issue, sell, give, provide, lend, mail, deliver, transfer, transmit,
transmute, publish, distribute, circulate, disseminate, present, exhibit, send, post, share, or advertise or to offer or agree to do
the same. BILL: CS/CS/SB 1180 Page 6
Courts have determined what criteria may be used in determining what is lewd exhibition of the
genitals. In State v. Hubbs,
19
the critical issue for the court to determine was whether the state
proved the defendant knew photographs taken of a 14-year-old girl included “actual lewd
exhibition of the genitals” by a child and were “lewd” in nature. To prove an “actual lewd
exhibition of the genitals” by a child, the State will be required to prove the defendant knew the
photographs of the child were “lewd” in nature.
20
The Second District has specifically held that
“the lewdness requirement may be satisfied by the intent of the person promoting the
performance which included sexual conduct by the child.”
21
The Brabson court also noted that
lewdness may be evaluated based on the test in U.S. v. Dost. The court held that a trier of fact
should consider the Dost factors in making a determination whether the exhibition of the child's
genitals in the photographs was lewd in nature.
22
In U.S. v. Dost,
23
the court opined that a determination of whether there was lascivious exhibition
should be made on a case-by-case basis using general principles as a guide for analysis.
The court held that a trier of fact should look at the following factors, among any others that may
be relevant in a particular case, when determining whether a visual depiction of a minor
constitutes lascivious exhibition of the genitals or pubic area:
• Whether the focal point of the visual depiction is on the child’s genitalia or pubic area;
• Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose
generally associated with sexual activity;
• Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the
age of the child;
• Whether the child is fully or partially clothed or nude;
• Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual
activity;
• Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.
The court asserted that a visual depiction need not involve all of the above-listed factors to
constitute lascivious exhibition of the genitals or pubic area, but rather that, a determination
should be made based on the overall content of the visual depiction, taking into account the age
of the minor.
24
19
State v. Hubbs, 377 So.3d 1162 (Fla. 4
th
DCA 2023).
20
Section § 827.071(1)(h), (5)(a), Fla. Stat. (2019).
21
State v. Brabson, 7 So.3d 1119, 1122 (Fla. 2d DCA 2008).
22
Hubbs, at 1168.
23
U.S. v. Dost, 636 F. Supp. 828 (S.D. California 1986).
24
Dost, 636 F. Supp. At 832. BILL: CS/CS/SB 1180 Page 7
Offense Severity Ranking Chart
Felony offenses which are subject to the Criminal Punishment Code
25
are listed in a single
OSRC, which uses 10 offense levels to rank felonies from least severe to most severe. Each
felony offense listed in the OSRC is assigned a level according to the severity of the offense.
26,27
A person’s primary offense, any other current offenses, and prior convictions are scored using
the points designated for the offense severity level of each offense. The final score calculation,
following the scoresheet formula, determines the lowest permissible sentence that a trial court
may impose, absent a valid reason for departure.
28
III. Effect of Proposed Changes:
Section 1 creates s. 800.045, F.S., to define the following terms:
• “Identifiable minor” means a person:
o Who is younger than 16 years of age at the time the lewd or lascivious image was
created, altered, adapted, or modified, or whose image was used in the creating, altering,
adapting, or modifying of the lewd or lascivious image; and
o Who is recognizable as an actual person by the person’s face, likeness, or any
distinguishing characteristic, such as a unique birthmark, or any recognizable feature.
o The term may not be construed to require proof of the actual identity of the identifiable
minor.
• “Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of
intentional viewing requires establishing more than a single image, motion picture,
exhibition, show, image, data, computer depiction, representation, or other presentation over
any period of time.
29
• “Lewd or lascivious image” means:
o Any image depicting lewd or lascivious exhibition in violation of s. 800.04(7), F.S.,
30
;
or
o Any image that has been created, altered, adapted, or modified by electronic,
mechanical, or other means to portray lewd or lascivious exhibition in violation of
s. 800.04(7), F.S., committed in the presence of an identifiable minor.
The bill creates offenses related to lewd or lascivious images, to provide that:
• It is a second degree felony for any person to possess with the intent to promote any
photograph, motion picture, exhibition, exhibition, show, representation, or other
25
All felony offenses, with the exception of capital felonies, committed on or after October 1, 1998, are subject to the
Criminal Punishment Code.
26
Section 921.0022, F.S.
27
Section 921.0022(2), F.S.
28
Section 921.0024(2), F.S., provides that if a person scores more than 44 points, the lowest permissible sentence is a
specified term of months in state prison, determined by a formula. If a person scores 44 points or fewer, the court may
impose a nonprison sanction, such as a county jail sentence, probation, or community control.
29
Section 827.071(1)(f), F.S.
30
Section 800.04(7), F.S., Lewd or Lascivious Exhibition means a person who intentionally masturbates; intentionally
exposes the genitals in a lewd or lascivious manner; or intentionally commits any other sexual act that does not involve actual
physical or sexual contact with the victim, including, but not limited to sadomasochistic abuse, sexual bestiality, or the
simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age. BILL: CS/CS/SB 1180 Page 8
presentation which, in whole or in part, includes a lewd or lascivious image. The possession
of three or more copies of such photograph, motion picture, representation, or presentation is
prima facie evidence of an intent to promote. This paragraph does not apply to any material
solicited, possessed, controlled, or intentionally viewed as part of a law enforcement
investigation.
• It is a third degree felony for any person to knowingly solicit, possess, control, or
intentionally view a photograph, motion picture, exhibition, show, representation, image,
data, computer depiction, or other presentation, in whole or in part, which he or she knows to
include a lewd or lascivious image. The solicitation, possession, control, or intentional
viewing of each such photograph, motion picture, exhibition, show, image, data, computer
depiction, representation, or presentation is a separate offense. If such photograph, motion
picture, exhibition, show, representation, image, data, computer depiction, or other
presentation includes a lewd or lascivious image depicting more than one minor, each such
minor in each such photograph, motion picture, exhibition, show, representation, image, data,
computer depiction, or other presentation who is knowingly solicited, possessed, controlled,
or intentionally viewed is a separate offense.
Prosecution of a person for an offense under this section does not preclude prosecution of that
person in this state for a violation of any other law of this state, including a law providing for
greater penalties than prescribed in this section or any other crime punishing the sexual
performance or the sexual exploitation of children.
Section 2 amends s. 827.071, F.S., to define the terms:
• “Sexual conduct” to mean actual or simulated sexual intercourse, deviate sexual intercourse,
sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition
of the genitals or anus; actual physical contact with a person’s clothed or unclothed genitals,
pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify
the sexual desire of either party; or any act or conduct which constitutes sexual battery or
simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her
baby does not under any circumstance constitute “sexual conduct.”
The bill provides that the term “actual or simulated lewd exhibition of the genitals” may be
evidenced by the overall content of an image, taking into account the age of the minor depicted
and including, but not limited to, whether:
• The focal point of the image is on the minor’s genitals;
• The setting of the image is sexually suggestive or in a place or pose generally associated with
sexual conduct;
• The minor is depicted in an unnatural pose, or in inappropriate attire, considering the age of
the minor;
• The image suggests sexual coyness or a willingness to engage in sexual conduct; or
• The image is intended or designed to elicit a sexual response in the viewer.
Section 3 creates s. 827.073, F.S., to define the terms:
• “Altered sexual depiction” to mean any visual depiction that, as a result of any type of
digital, electronic, mechanical, or other modification, alteration, or adaptation, depicts a
realistic version of an identifiable person: BILL: CS/CS/SB 1180 Page 9
o With the nude body parts of another person as the nude body parts of the
identifiable person;
o With computer-generated nude body parts as the nude body parts of the
identifiable person; or
o Engaging in sexual conduct as defined in s. 847.001, F.S., in which the
identifiable person did not engage.
31
• “Generate” to mean to create, alter, adapt, or modify any image by electronic, mechanical, or
other computer-generated means to portray an identifiable person or to offer or agree to do
the same.
• “Visual depiction" includes, but is not limited to, a photograph, picture, image, motion
picture, film, video, or other visual representation.
32
• “Identifiable minor” to mean a person:
o Who was a minor at the time the image was created, altered, adapted, or modified,
or whose image as a minor was used in the creating, altering, adapting, or
modifying of the image;
33
and
o Who is recognizable as an actual person by the person’s face, likeness, or other
distinguishing characteristic, such as a unique birthmark, or other recognizable
feature.
34
o The term may not be construed to require proof of the actual identity of the
identifiable minor.
• “Intentionally view” to mean to deliberately, purposefully, and voluntarily view. Proof of
intentional viewing requires establishing more than a single image, motion picture,
exhibition, show, image, data, computer depiction, representation, or other presentation over
any period of time.
35
• “Promote” to mean to procure, manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmit, transmute, publish, distribute, circulate, disseminate, present, exhibit, send,
post, share, or advertise or to offer or agree to do the same.
36
• “Possess” to mean to knowingly or intentionally keep, control, maintain, store, or own,
physically or electronically, any altered sexual depiction of an identifiable person, without
the consent of the identifiable person.
The bill provides that it is a third degree felony for a person to knowingly possess, control, or
intentionally view a visual depiction that, in whole or in part, he or she knows includes an altered
sexual depiction of an identifiable minor. The possession or control of three or more copies of
such visual depiction is prima facie evidence of an intent to promote. The possession, control, or
intentional viewing of each visual depiction is a separate offense.
The bill provides civil remedies for an aggrieved person against a person who violates the above
provision.
31
Section 836.13(1)(a), F.S.
32
Section 836.13(1)(e), F.S.
33
Section 827.071(1)(e)1., F.S.
34
Section 827.071(1)(e)2., F.S.
35
Section 827.071(1)(f), F.S.
36
Section 827.071(1)(h), F.S. BILL: CS/CS/SB 1180 Page 10
Any offense under the above provisions does not include an act done for a bona fide medical,
literary, academic or scientific purpose.
A person who intentionally generates an altered sexual depiction of a minor commits a third
degree felony.
A person who solicits an altered sexual depiction of a minor, without the consent of the
identifiable minor, and who knows or reasonably should have known that such visual depiction
was an altered sexual depiction commits a third degree felony.
A person who willfully and intentionally promotes an altered sexual depiction of an identifiable
minor, without the consent of the identifiable minor, and who knows or reasonably should have
known that such visual depiction was an altered sexual depiction commits a second degree
felony.
Prosecution of a person for an offense under this section does not preclude prosecution of that
person in this state for a violation of any other law of this state, including a law providing for
greater penalties than prescribed in this section or any other crime punishing the sexual
performance or the sexual exploitation of children.
Section 4 amends s. 836.13, F.S., to be renamed to altered sexual depictions and to define the
term “generate” to mean to create, alter, adapt, or modify any image by electronic, mechanical,
or other computer-generated means to portray an identifiable person or to offer or agree to do the
same.
A person who willfully and maliciously promotes, or possesses with intent to promote, any
altered sexual depiction of an identifiable person, without the consent of the identifiable person,
and who knows or reasonably should have known that such visual depiction was an altered
sexual depiction, commits a third degree felony.
A person who willfully generates an altered sexual depiction of an identifiable person without
the consent of the identifiable person, and who knows or reasonably should have known that
such visual depiction was an altered sexual depiction commits a third degree felony.
A person who solicits an altered sexual depiction of an identifiable person without the consent of
the identifiable person, and who knows or reasonably should have known that such visual
depiction was an altered sexual depiction commits a third degree felony.
The bill provides that an act done for a bona fide medical, literary, academic, or scientific
purpose is not a violation of this offense.
The bill authorizes a person who is portrayed in an altered sexual depiction without his or her
consent to initiate a civil cause of action against a person who willfully generates such an altered
sexual depiction to obtain appropriate relief to prevent or remedy the generation of such a
depiction, including:
• Injunctive relief.
• Monetary damages to include $10,000 or actual damages incurred. BILL: CS/CS/SB 1180 Page 11
• Reasonable attorney fees and costs.
Section 5 amends s. 921.0022, F.S., to rank the following offenses:
• Soliciting an altered sexual depiction of an identifiable person without consent is ranked a
Level 2 on the OSRC.
• Person who generates an altered sexual depiction of an identifiable person without consent is
a Level 3 on the OSRC.
• Person who solicits an altered sexual depiction of an identifiable person without consent is
ranked a Level 3 on the OSRC.
• Possession, control, or intentionally viewing an altered sexual depiction of an identifiable
minor is ranked a Level 4 on the OSRC.
• Generating an altered sexual depiction of an identifiable minor without consent is ranked a
Level 4 on the OSRC.
• Solicitation of an altered sexual depiction of an identifiable minor is ranked a Level 4 on the
OSRC. Promotion of an altered sexual depiction of an identifiable minor is ranked a Level 4
on the OSRC.
The bill takes effect October 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Article VII,
s. 18, of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
The First Amendment of the U.S. Constitution states that, “Congress shall make no law
… abridging the freedom of speech…” This language prohibits the government from
having the ability to constrain the speech of citizens. However, materials that constitute
child pornography, obscenity, or material harmful to minors may be restricted. Child
pornography, obscenity, and material harmful to minors have been defined in
ch. 847, F.S., and are consistent with federal law and the United States Supreme Court
holdings regarding such laws. The bill makes the simple creation or possession of an BILL: CS/CS/SB 1180 Page 12
altered sexual depiction a crime. This may be subject to challenges under the First
Amendment.
Additionally, the bill makes a computer-generated image of a nude child a crime, which
may subject the bill to First Amendment challenges. It is not unlawful to possess or view
an image of a nude child, unless such depiction constitutes child pornography. If the bill
passes, a depiction that has not been altered, adapted, etc., of a nude child who is not
engaging in sexual conduct, will be legal to possess; however possession of an image that
has been altered, adapted, etc., will be unlawful.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The Legislature’s Office of Economic and Demographic Research (EDR) and the
Criminal Justice Impact Conference, which provides the final, official estimate of the
prison bed impact, if any, of legislation, has provided a preliminary estimate that the bill
may have a positive indeterminate prison bed impact on the Department of Corrections
(DOC). According to EDR:
[The bill] adds two Level 3, 3rd degree felonies to the language. Currently, a Level 3,
3rd degree felony exists for “a person who willfully and maliciously promotes any
altered sexual depiction of an identifiable person, without the consent of the
identifiable person, and who knows or reasonably should have known that such visual
depiction was an altered sexual depiction.” The first of the new felonies involves “a
person who willfully and maliciously generates any altered sexual depiction of an
identifiable person, without the consent of the identifiable person, and who knows or
reasonably should have known that such visual depiction was an altered sexual
depiction.” The second of the new felonies involves “a person who willfully and
maliciously possesses any altered sexual depiction of an identifiable person, without
the consent of the identifiable person, and who knows or reasonably should have
known that such visual depiction was an altered sexual depiction. Exceptions are
added for all three for “an act done for a bona fide medical, literary, academic, or
scientific purpose.”
Per DOC, in FY 2023-24, there were 351 new commitments to prison for felony
offenses committed under s. 827.071, F.S. However, is not known how many
additional offenders there would be under this new language.
BILL: CS/CS/SB 1180 Page 13
Per DOC, since the current Level 3, 3rd degree felony under s. 836.16, F.S., went into
effect on October 1, 2022, there have been no new commitments to prison. Per FDLE,
in FY 23-24, since the current Level 3, 3rd degree felony under s. 836.16, F.S., went
into effect on October 1, 2022, there have been 10 arrests, with one guilty/conviction
charge. That one charge was sentenced to 30 days in jail. It is not known how many
additional offenders there would be with the two new felonies.
VI. Technical Deficiencies:
There is a technical deficiency as to lines 160 and 478 of the amendment. The newly created
offense of promotion of an altered sexual depiction of an identifiable minor in s. 827.073(2)(d) is
listed as a second degree felony on line 160, and a third degree felony on line 478 of the Offense
Severity Ranking Chart.
VII. Related Issues:
This bill could potentially criminalize a parent for possessing a nude photo of their child taken
without a prurient intent or prurient curiosity, if such image has been altered.
The bill amends the definition of sexual conduct by including the term “anus” in s. 827.071, F.S.,
but does not amend the definition of sexual conduct in other sections of law.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 827.071, 836.13,
and 921.0022.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations Committee on Criminal and Civil Justice on April 9,
2025:
The committee substitute:
• Removes definitions for the terms “anus” and “male genitals.”
• Removes language expanding the definition of the term “sexual conduct” to include
masturbation by a person in the presence of a child or ejaculation on any part of a
child’s body or clothing.
• Removes malicious intent from generating, soliciting or possessing any altered sexual
depiction of an identifiable person.
• Provides criminal penalties for possession with intent to promote a lewd or lascivious
image, and providing that a violation of this offense is a second degree unranked
felony.
• Provides criminal penalties for the solicitation, possession, control or intentionally
viewing of a lewd or lascivious image is a third degree unranked felony. BILL: CS/CS/SB 1180 Page 14
• Provides criminal penalties for knowingly possessing, controlling, or intentionally
viewing, intentionally generating, or soliciting an altered sexual depiction of an
identifiable minor is a third degree felony, ranked a Level 4 in the OSRC.
• Providing criminal penalties for willfully and intentionally promoting an altered
sexual depiction of a minor is a second degree felony, ranked a Level 4 in the OSRC.
• Provides that soliciting an altered sexual depiction of an identifiable person without
consent is a third degree felony, ranked a Level 2 in the OSRC.
CS by Criminal Justice on March 25, 2025:
The committee substitute:
• Removes language expanding the definition of “child pornography.”
• Provides definitions for “anus”, “male genitals”, “generate”, and “possess”.
• Revises the term “sexual conduct” to include masturbation by a person in the
presence of a child or ejaculation on any part of a child’s body or clothing.
• Provides criminal penalties for willfully and maliciously generating or possessing any
altered sexual depiction with the consent of an identifiable person. Each violation is a
separate offense that is a third degree felony, ranked a Level 3 in the OSRC.
• Provides an exception for medical, literary, academic or scientific purposes, for
crimes related to Altered Sexual Depiction.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.