Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1180
Ì423516#Î423516
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/25/2025 .
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The Committee on Criminal Justice (Gaetz) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (1), (2), and (3) of section
6 827.071, Florida Statutes, are amended, and subsections (4),
7 (5), and (6) of that section are republished, to read:
8 827.071 Sexual performance by a child; child pornography;
9 penalties.—
10 (1) As used in this section, the term following definitions
11 shall apply:
12 (a) “Anus” means the end of the gastrointestinal tract and
13 the opening of the rectum to the outside of the body.
14 (b) “Child” or “minor” means any person, whose identity is
15 known or unknown, younger than 18 years of age.
16 (c)(b) “Child pornography” means:
17 1. Any image depicting a minor engaged in sexual conduct;
18 or
19 2. Any image that has been created, altered, adapted, or
20 modified by electronic, mechanical, or other means, to portray
21 an identifiable minor engaged in sexual conduct.
22 (d)(c) “Deviate sexual intercourse” means sexual conduct
23 between persons not married to each other consisting of contact
24 between the penis and the anus, the mouth and the penis, or the
25 mouth and the vulva.
26 (e)(d) “Female genitals” includes the labia minora, labia
27 majora, clitoris, vulva, hymen, and vagina.
28 (f)(e) “Identifiable minor” means a person:
29 1. Who was a minor at the time the image was created,
30 altered, adapted, or modified, or whose image as a minor was
31 used in the creating, altering, adapting, or modifying of the
32 image; and
33 2. Who is recognizable as an actual person by the person’s
34 face, likeness, or other distinguishing characteristic, such as
35 a unique birthmark, or other recognizable feature.
36
37 The term may not be construed to require proof of the actual
38 identity of the identifiable minor.
39 (g)(f) “Intentionally view” means to deliberately,
40 purposefully, and voluntarily view. Proof of intentional viewing
41 requires establishing more than a single image, motion picture,
42 exhibition, show, image, data, computer depiction,
43 representation, or other presentation over any period of time.
44 (h) “Male genitals” includes the penis and the scrotum.
45 (i)(g) “Performance” means any play, motion picture,
46 photograph, or dance or any other visual representation
47 exhibited before an audience.
48 (j)(h) “Promote” means to procure, manufacture, issue,
49 sell, give, provide, lend, mail, deliver, transfer, transmit,
50 transmute, publish, distribute, circulate, disseminate,
51 present, exhibit, send, post, share, or advertise or to offer or
52 agree to do the same.
53 (k)(i) “Sadomasochistic abuse” means flagellation or
54 torture by or upon a person, or the condition of being fettered,
55 bound, or otherwise physically restrained, for the purpose of
56 deriving sexual satisfaction from inflicting harm on another or
57 receiving such harm oneself.
58 (l)(j) “Sexual battery” means oral, anal, or female genital
59 penetration by, or union with, the sexual organ of another or
60 the anal or female genital penetration of another by any other
61 object. The term; however, “sexual battery” does not include an
62 act done for a bona fide medical purpose.
63 (m)(k) “Sexual bestiality” means any sexual act between a
64 person and an animal involving the sex organ of the one and the
65 mouth, anus, or female genitals of the other.
66 (n)1.(l) “Sexual conduct” means actual or simulated sexual
67 intercourse, deviate sexual intercourse, sexual bestiality,
68 masturbation, or sadomasochistic abuse; actual or simulated lewd
69 exhibition of the genitals or anus; actual physical contact with
70 a person’s clothed or unclothed genitals, pubic area, buttocks,
71 or, if such person is a female, breast, with the intent to
72 arouse or gratify the sexual desire of either party; or any act
73 or conduct which constitutes sexual battery or simulates that
74 sexual battery is being or will be committed. A mother’s
75 breastfeeding of her baby does not under any circumstance
76 constitute “sexual conduct.” The term includes masturbation by a
77 person in the presence of a child or ejaculation on any part of
78 a child’s body or clothing.
79 2. As used in subparagraph 1., the term “actual or
80 simulated lewd exhibition of the genitals or anus” may be
81 evidenced by the overall content of an image, taking into
82 account the age of the minor depicted and including, but not
83 limited to, whether:
84 a. The focal point of the image is on the minor’s genitals
85 or anus;
86 b. The setting of the image is sexually suggestive or in a
87 place or pose generally associated with sexual conduct;
88 c. The minor is depicted in an unnatural pose, or in
89 inappropriate attire, considering the age of the minor;
90 d. The image suggests sexual coyness or a willingness to
91 engage in sexual conduct; or
92 e. The image is intended or designed to elicit a sexual
93 response in the viewer.
94 (o)(m) “Sexual performance” means any performance or part
95 thereof which includes sexual conduct by a child.
96 (p)(n) “Simulated” means the explicit depiction of conduct
97 set forth in paragraph (n) (l) which creates the appearance of
98 such conduct and which exhibits any uncovered portion of the
99 breasts, genitals, or buttocks.
100 (2) A person commits is guilty of the use of a child in a
101 sexual performance if, knowing the character and content
102 thereof, he or she employs, authorizes, or induces a child to
103 engage in a sexual performance or, being a parent, legal
104 guardian, or custodian of such child, consents to the
105 participation by such child in a sexual performance. A person
106 who violates this subsection commits a felony of the second
107 degree, punishable as provided in s. 775.082, s. 775.083, or s.
108 775.084.
109 (3) A person commits is guilty of promoting a sexual
110 performance by a child if when, knowing the character and
111 content thereof, he or she produces, directs, or promotes any
112 performance which includes sexual conduct by a child. A person
113 who violates this subsection commits a felony of the second
114 degree, punishable as provided in s. 775.082, s. 775.083, or s.
115 775.084.
116 (4) It is unlawful for any person to possess with the
117 intent to promote any photograph, motion picture, exhibition,
118 show, representation, or other presentation which, in whole or
119 in part, includes child pornography. The possession of three or
120 more copies of such photograph, motion picture, representation,
121 or presentation is prima facie evidence of an intent to promote.
122 A person who violates this subsection commits a felony of the
123 second degree, punishable as provided in s. 775.082, s. 775.083,
124 or s. 775.084.
125 (5)(a) It is unlawful for any person to knowingly possess,
126 control, or intentionally view a photograph, motion picture,
127 exhibition, show, representation, image, data, computer
128 depiction, or other presentation which, in whole or in part, he
129 or she knows to include child pornography. The possession,
130 control, or intentional viewing of each such photograph, motion
131 picture, exhibition, show, image, data, computer depiction,
132 representation, or presentation is a separate offense. If such
133 photograph, motion picture, exhibition, show, representation,
134 image, data, computer depiction, or other presentation includes
135 child pornography depicting more than one child, then each such
136 child in each such photograph, motion picture, exhibition, show,
137 representation, image, data, computer depiction, or other
138 presentation that is knowingly possessed, controlled, or
139 intentionally viewed is a separate offense. A person who
140 violates this paragraph commits a felony of the third degree,
141 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
142 (b) Paragraph (a) does not apply to any material possessed,
143 controlled, or intentionally viewed as part of a law enforcement
144 investigation.
145 (6) Prosecution of a person for an offense under this
146 section does not preclude prosecution of that person in this
147 state for a violation of any other law of this state, including
148 a law providing for greater penalties than prescribed in this
149 section or any other crime punishing the sexual performance or
150 the sexual exploitation of children.
151 Section 2. Section 836.13, Florida Statutes, is amended to
152 read:
153 836.13 Promotion of an Altered sexual depictions depiction;
154 prohibited acts; penalties; applicability.—
155 (1) As used in this section, the term:
156 (a) “Altered sexual depiction” means any visual depiction
157 that, as a result of any type of digital, electronic,
158 mechanical, or other modification, alteration, or adaptation,
159 depicts a realistic version of an identifiable person:
160 1. With the nude body parts of another person as the nude
161 body parts of the identifiable person;
162 2. With computer-generated nude body parts as the nude body
163 parts of the identifiable person; or
164 3. Engaging in sexual conduct as defined in s. 847.001 in
165 which the identifiable person did not engage.
166 (b) “Generate” means to create, alter, adapt, or modify any
167 image by electronic, mechanical, or other computer-generated
168 means to portray an identifiable person or to offer or agree to
169 do the same.
170 (c)(b) “Identifiable person” means a person who is
171 recognizable as an actual person by the person’s face, likeness,
172 or other distinguishing characteristic, such as a unique
173 birthmark, or other recognizable feature.
174 (d)(c) “Nude body parts” means the human male or female
175 genitals, pubic area, or buttocks with less than fully opaque
176 covering; or the female breast with less than a fully opaque
177 covering of any portion thereof below the top of the nipple; or
178 the depiction of covered male genitals in a discernibly turgid
179 state. The term does not under any circumstances include a
180 mother breastfeeding her baby.
181 (e) “Possess” means to knowingly or intentionally keep,
182 control, maintain, store, or own, physically or electronically,
183 any altered sexual depiction of an identifiable person without
184 the consent of the identifiable person.
185 (f)(d) “Promote” means to issue, sell, give, provide, lend,
186 mail, deliver, transfer, transmit, transmute, publish,
187 distribute, circulate, disseminate, present, exhibit, send,
188 post, share, or advertise or to offer or agree to do the same.
189 (g)(e) “Visual depiction” includes, but is not limited to,
190 a photograph, picture, image, motion picture, film, video, or
191 other visual representation.
192 (2) A person who willfully and maliciously promotes any
193 altered sexual depiction of an identifiable person, without the
194 consent of the identifiable person, and who knows or reasonably
195 should have known that such visual depiction was an altered
196 sexual depiction, commits a felony of the third degree,
197 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
198 An act done for a bona fide medical, literary, academic, or
199 scientific purpose is not a violation of this subsection.
200 (3) A person who willfully and maliciously generates any
201 altered sexual depiction of an identifiable person, without the
202 consent of the identifiable person, and who knows or reasonably
203 should have known that such visual depiction was an altered
204 sexual depiction, commits a felony of the third degree,
205 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
206 An act done for a bona fide medical, literary, academic, or
207 scientific purpose is not a violation of this subsection.
208 (4) A person who willfully and maliciously possesses any
209 altered sexual depiction of an identifiable person, without the
210 consent of the identifiable person, and who knows or reasonably
211 should have known that such visual depiction was an altered
212 sexual depiction, commits a felony of the third degree,
213 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
214 An act done for a bona fide medical, literary, academic, or
215 scientific purpose is not a violation of this subsection.
216 (5)(3) Every act, thing, or transaction prohibited by this
217 section constitutes a separate offense and is punishable as
218 such.
219 (6)(4) The presence of a disclaimer within an altered
220 sexual depiction which notifies a viewer that the person or
221 persons depicted did not consent to or participate in the
222 generation, possession, creation or promotion of the material,
223 or that the person or persons depicted did not actually perform
224 the actions portrayed, is not a defense and does not relieve a
225 person of criminal liability under this section.
226 (7)(5) An aggrieved person may initiate a civil action
227 against a person who violates subsection (2) or subsection (3)
228 to obtain appropriate relief in order to prevent or remedy a
229 violation of subsection (2) or subsection (3), including all of
230 the following:
231 (a) Injunctive relief.
232 (b) Monetary damages to include $10,000 or actual damages
233 incurred as a result of a violation of subsection (2) or
234 subsection (3), whichever is greater.
235 (c) Reasonable attorney fees and costs.
236 (8)(6) The criminal and civil penalties of this section do
237 not apply to:
238 (a) A provider of an interactive computer service as
239 defined in 47 U.S.C. s. 230(f), of an information service as
240 defined in 47 U.S.C. s. 153, or of a communications service as
241 defined in s. 202.11 which provides the transmission, storage,
242 or caching of electronic communications or messages of others;
243 another related telecommunications or commercial mobile radio
244 service; or content provided by another person;
245 (b) A law enforcement officer, as defined in s. 943.10, or
246 any local, state, federal, or military law enforcement agency
247 engaged in that promotes an altered sexual depiction in
248 connection with the performance of his or her duties as a law
249 enforcement officer or the duties of the law enforcement agency;
250 (c) A person reporting unlawful activity; or
251 (d) A person participating in a hearing, trial, or other
252 legal proceeding.
253 (9)(7) A violation of this section is committed within this
254 state if any conduct that is an element of the offense, or any
255 harm to the depicted person resulting from the offense, occurs
256 within this state.
257 (10)(8) Prosecution of a person for an offense under this
258 section does not preclude prosecution of that person in this
259 state for a violation of any other law of this state, including
260 a law providing for greater penalties than prescribed in this
261 section or any other crime related to child pornography or the
262 sexual performance or the sexual exploitation of children.
263 Section 3. Paragraph (c) of subsection (3) of section
264 921.0022, Florida Statutes, is amended to read:
265 921.0022 Criminal Punishment Code; offense severity ranking
266 chart.—
267 (3) OFFENSE SEVERITY RANKING CHART
268 (c) LEVEL 3
269
270 FloridaStatute FelonyDegree Description
271 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
272 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
273 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
274 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
275 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
276 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
277 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
278 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
279 327.35(2)(b) 3rd Felony BUI.
280 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
281 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
282 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
283 379.2431 (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.
284 379.2431 (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.
285 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
286 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
287 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
288 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
289 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
290 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
291 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
292 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
293 697.08 3rd Equity skimming.
294 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
295 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
296 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
297 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
298 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
299 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
300 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
301 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
302 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
303 812.081(2) 3rd Theft of a trade secret.
304 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
305 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
306 817.233 3rd Burning to defraud insurer.
307 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
308 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
309 817.236 3rd Filing a false motor vehicle insurance application.
310 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
311 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
312 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
313 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
314 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
315 836.13(2) 3rd Promoting Person who promotes an altered sexual depiction of an identifiable person without consent.
316 836.13(3) 3rd Generating an altered sexual depiction of an identifiable person without consent.
317 836.13(4) 3rd Possessing an altered sexual depiction of an identifiable person without consent.
318 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
319 847.01385 3rd Harmful communication to a minor.
320 860.15(3) 3rd Overcharging for repairs and parts.
321 870.01(2) 3rd Riot.
322 870.01(4) 3rd Inciting a riot.
323 893.13(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).
324 893.13(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.
325 893.13(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.
326 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
327 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
328 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
329 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
330 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
331 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
332 893.13(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 practitioner’s practice.
333 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
334 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
335 893.13(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.
336 918.13(1) 3rd Tampering with or fabricating physical evidence.
337 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
338 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
339 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
340
341 Section 4. This act shall take effect October 1, 2025.
342
343 ================= T I T L E A M E N D M E N T ================
344 And the title is amended as follows:
345 Delete everything before the enacting clause
346 and insert:
347 A bill to be entitled
348 An act relating to sexual images; amending s. 827.071,
349 F.S.; defining terms and revising definitions; making
350 technical changes; amending s. 836.13, F.S.; defining
351 terms; providing criminal penalties for persons who
352 willfully and maliciously generate or possess an
353 altered sexual depiction of an identifiable person
354 without the consent of the identifiable person;
355 providing exceptions; specifying what is not
356 considered a defense to the offenses; authorizing an
357 aggrieved person to initiate a civil action against
358 persons who violate specified provisions; revising
359 applicability; amending s. 921.0022, F.S.; ranking
360 offenses created by the act on the offense severity
361 ranking chart of the Criminal Punishment Code;
362 providing an effective date.
363