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.