In one paragraph
Florida's CS/CS/SB 1798 (Chapter 2022-212) created s. 836.13, F.S. An altered sexual depiction is an image modified by digital or other means to show a realistic identifiable person with another person's or computer-generated nude body parts, or in sexual conduct they did not engage in. Willfully and maliciously promoting one without consent, knowing it is altered, is a third-degree felony; a disclaimer is no defense. Victims may sue for an injunction, the greater of $10,000 or actual damages, and attorney fees. Effective October 1, 2022.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Interactive service providers are exempt from the criminal offense, but people and businesses that share sexual deepfakes of real people face felony charges and civil damages.
Key provisions
- s. 836.13: defines 'altered sexual depiction' to include images modified to show computer-generated nude body parts or sexual conduct that did not occur
- Willfully and maliciously promoting an altered sexual depiction of an identifiable person without consent is a third-degree felony
- A disclaimer that the person did not consent or did not take part is not a defense; each depiction is a separate offense
- Civil action for injunctive relief, the greater of $10,000 or actual damages, and attorney fees and costs
- Exemptions for service providers, law enforcement, people reporting unlawful activity and legal proceedings
- Also creates s. 836.14 (theft and promotion of sexually explicit images) and raises damages for sexual cyberharassment
Latest legislative action
Jun 24, 2022. Approved by Governor June 24, 2022; Chapter No. 2022-212
Topics and industries
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error