SB 1180: Sexual Images - Florida

S 1180 c2 → S 1180 c3 · 6 edits

MODERATE

The bill was revised to update committee sponsorship information, refine definitions of key terms like 'sexual conduct' and 'altered sexual depiction,' and adjust penalty classifications for certain offenses. The changes clarify applicability exemptions for AI service providers and law enforcement, while strengthening civil remedies for victims of digital sexual exploitation.

Scope change

The bill's scope was refined to explicitly include AI-generated content and clarify exemptions for interactive computer service providers and law enforcement activities.

DEFINITION

Updated the definition of 'sexual conduct' in s. 827.071 to include clearer criteria for determining lewd exhibition of genitals based on image content and context.

REQUIREMENT

Added specific criteria for identifying 'altered sexual depictions' including nude body parts from other persons, computer-generated nude parts, and sexual conduct the identifiable person did not engage in.

ELIGIBILITY

Expanded exemptions for interactive computer service providers using artificial intelligence, clarifying they are protected unless their primary purpose is creating prohibited images.

ENFORCEMENT

Strengthened civil remedies by adding monetary damages provisions for victims of altered sexual depiction offenses and clarified that disclaimers do not serve as a defense.

TIMELINE

Updated the effective date from October 1, 2025 to reflect the current legislative session timeline.

TECHNICAL

Changed committee sponsorship from Appropriations Committee on Criminal and Civil Justice to include Committee on Fiscal Policy, and updated bill tracking numbers and formatting.

S 1180 c1 → S 1180 c2 · 7 edits

MODERATE

This bill creates new criminal offenses and civil remedies for possession, generation, and promotion of sexually explicit images involving identifiable minors and adults. It establishes a new statute for lewd or lascivious images and creates a comprehensive framework for combating deepfake sexual imagery, including civil penalties and injunctive relief for victims.

Scope change

The bill expands scope by creating entirely new statutes (s. 800.045 and s. 827.073) and significantly revising existing statutes to address digital sexual imagery, including deepfakes and altered depictions of identifiable persons.

SCOPE

Creates new section 800.045 prohibiting possession with intent to promote lewd or lascivious images, with separate offenses for each image and each minor depicted.

Creates new section 827.073 specifically addressing altered sexual depictions (deepfakes) of identifiable minors, covering possession, generation, solicitation, and promotion.

DEFINITION

Revises definition of 'identifiable minor' in s. 827.071 to include persons younger than 16 years of age at the time the image was created or modified.

ENFORCEMENT

Establishes civil cause of action allowing aggrieved persons to seek injunctive relief, monetary damages ($10,000 or actual damages, whichever is greater), and attorney fees for violations.

REQUIREMENT

Amends s. 836.13 to define 'altered sexual depiction' to include images where nude body parts of one person are digitally replaced with another person's nude body parts, or where computer-generated nude body parts are used.

Adds prima facie evidence provision stating that possession or control of three or more copies of prohibited images constitutes intent to promote.

TIMELINE

Sets effective date for the act as October 1, 2025.

S 1180 Filed → S 1180 c1 · 6 edits

MODERATE

This bill was revised from a version focusing on child sexual imagery to a broader version addressing deepfake and altered sexual depictions of identifiable persons. The changes expand protections beyond minors to include adults, add civil remedies for victims, and clarify definitions for digital manipulation of images.

Scope change

The bill's scope expanded from primarily protecting minors to also protecting identifiable adults from non-consensual altered sexual depictions, while maintaining child protection provisions.

DEFINITION

Added new definitions for 'altered sexual depiction', 'generate', 'identifiable person', and 'nude body parts' to address digital manipulation of images.

Expanded 'sexual conduct' definition to include 'anus' and clarified what constitutes 'simulated' conduct in visual depictions.

ENFORCEMENT

Added civil action provisions allowing aggrieved persons to seek injunctive relief and monetary damages (minimum $10,000) against those who generate or promote non-consensual altered sexual depictions.

REQUIREMENT

Added specific exceptions for providers of interactive computer services, law enforcement officers performing duties, persons reporting unlawful activity, and participants in legal proceedings.

Changed the effective date from unspecified to October 1, 2025, and updated offense severity rankings in the Criminal Punishment Code.

Added provisions stating that disclaimers in altered images do not serve as a defense against criminal liability.

Sexual Images

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