The proposed bill seeks to enhance legal protections against the possession, solicitation, and promotion of lewd or lascivious images, particularly those involving identifiable minors. It introduces a new section, 800.045, which defines relevant terms and establishes criminal penalties for individuals who possess such images with the intent to promote them, as well as for those who knowingly solicit, control, or view these images. Additionally, the bill amends section 827.071 to revise the definition of sexual conduct and impose separate offenses for each instance of child pornography solicited or viewed. A new section, 827.073, specifically addresses altered sexual depictions of minors, outlining unlawful acts and penalties, while clarifying that each instance of possession or viewing constitutes a separate offense.
Furthermore, the bill introduces provisions targeting the promotion and possession of altered sexual depictions of identifiable persons without their consent, categorizing these actions as third-degree felonies. It specifies that generating or soliciting such depictions without consent is also punishable, with each act treated as a separate offense. The presence of a disclaimer indicating a lack of consent does not absolve individuals from liability, and aggrieved persons are allowed to pursue civil actions for injunctive relief and damages. The bill includes exemptions for certain entities, such as law enforcement and interactive computer service providers, and aims to strengthen the legal framework surrounding these offenses to enhance public safety and accountability, with an effective date of October 1, 2025.
Statutes affected: S 1180 Filed: 921.0022
S 1180 c1: 836.13, 921.0022
S 1180 c2: 836.13
S 1180 c3: 836.13