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2024 Florida Statutes

Title XLVI CRIMES
Chapter 827 ABUSE OF CHILDREN Entire Chapter
SECTION 072
Generated child pornography.
F.S. 827.072
827.072 Generated child pornography.—
(1) As used in this section, the term:
(a) “Generated child pornography” means any image that has been created, altered, adapted, or modified by electronic, mechanical, or other computer-generated means to portray a fictitious person, who a reasonable person would regard as being a real person younger than 18 years of age, engaged in sexual conduct.
(b) “Intentionally view” has the same meaning as in s. 827.071.
(c) “Sexual conduct” has the same meaning as in s. 827.071.
(2)(a) It is unlawful for a person to knowingly possess or control or intentionally view a photograph, a motion picture, a representation, an image, a data file, a computer depiction, or any other presentation which, in whole or in part, he or she knows includes generated child pornography. The possession, control, or intentional viewing of each such photograph, motion picture, representation, image, data file, computer depiction, or other presentation is a separate offense. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who intentionally creates generated child pornography commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Paragraph (a) does not apply to any material possessed, controlled, or intentionally viewed as part of a law enforcement investigation.
History.—s. 2, ch. 2024-118.