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:
23 827.071 Sexual 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 person’s
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 person’s 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 mother’s
90 breastfeeding of her baby does not under any circumstance
91 constitute “sexual conduct.” The term includes masturbation by a
92 person in the presence of a child or ejaculation on any part of
93 a child’s body or clothing.
94 2. As used in subparagraph 1., the term “actual or
95 simulated lewd exhibition of the genitals or anus” may be
96 evidenced by the overall content of an image, taking into
97 account the age of the minor depicted and including, but not
98 limited to, whether:
99 a. The focal point of the image is on the minor’s genitals
100 or anus;
101 b. The setting of the image is sexually suggestive or in a
102 place or pose generally associated with sexual conduct;
103 c. The minor is depicted in an unnatural pose, or in
104 inappropriate attire, considering the age of the minor;
105 d. The image suggests sexual coyness or a willingness to
106 engage in sexual conduct; or
107 e. The image is intended or designed to elicit a sexual
108 response in the viewer.
109 (o)(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:
168 836.13 Promotion 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 person’s 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:
280 921.0022 Criminal 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 practitioner’s practice.
348 893.13(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.
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.