FL H0757

Creates s. 800.045, F.S., establishing new crimes for possessing with intent to promote (second-degree felony) or knowingly soliciting, possessing, controlling, or intentionally viewing (third-degree felony) lewd or lascivious images of identifiable minors under age 16, including AI-generated or digitally altered images; possession of three or more copies constitutes prima facie evidence of intent to promote.

Amends s. 827.071, F.S., to add "soliciting" as a prohibited act related to child pornography (third-degree felony) and establishes specific criteria courts may use to determine whether an image constitutes "actual or simulated lewd exhibition of the genitals," such as whether the focal point is on the minor's genitals or the image is designed to elicit a sexual response.

Amends s. 836.13, F.S., to expand the altered sexual depictions law beyond just promotion, making it a third-degree felony to willfully generate or solicit an AI-generated or digitally altered sexual depiction of an identifiable person without their consent, in addition to the existing prohibition on malicious promotion.

Provides civil remedies for aggrieved persons, including injunctive relief, monetary damages of $10,000 or actual damages (whichever is greater), and reasonable attorney fees; disclaimers within altered depictions are not a defense to criminal liability.

Ranks the new offenses in the Criminal Punishment Code offense severity ranking chart (Levels 2 and 3) and takes effect October 1, 2025.