Florida House Bill 757 Makes Deepfake and A.I. Child Pornography a Felony

Florida Deepfake AI Pornography Defense Lawyer Explains Your Rights Under HB 757

Florida lawmakers recently passed House Bill 757, which significantly tightened the criminal code surrounding digital sex crimes. The new law directly addresses the explosion of artificial intelligence technology used to create fake sexual images or videos. Deepfake pornography, once existing in a legal gray zone, is now specifically criminalized in Florida.

As a criminal defense lawyer practicing across the state, I have already seen the enormous impact of this law on ordinary people who find themselves accused of creating or even possessing this type of content. If you are facing charges, the stakes could not be higher. A conviction means a felony record, possible prison time, and lifelong consequences on your career and reputation.

This is where having private representation makes the difference. Prosecutors are under political and media pressure to make examples out of people charged with digital sex crimes. Without an attorney committed to your defense, you will be fighting uphill against a system determined to punish you.

What House Bill 757 Says

House Bill 757 amends the Florida Statutes to add explicit language on digital sex crimes involving artificial intelligence. The law criminalizes creating, distributing, or possessing “nonconsensual sexually explicit images or videos generated by artificial intelligence, computer simulation, or digital manipulation.”

The statute text reads:

“A person who willfully and knowingly creates, distributes, or possesses any sexually explicit image or video generated in whole or in part through artificial intelligence or other digital simulation technology, depicting an identifiable person without that person’s consent, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”

This means:

• Making a deepfake pornographic image, even on your private computer, can trigger felony charges.
• Sharing, sending, or uploading AI pornography of another person can also result in a felony.
• Possessing files, even if you did not create them, places you at risk of arrest.

The penalty for a third-degree felony in Florida is up to 5 years in prison, 5 years probation, and a $5,000 fine.

Why Private Counsel Is Critical

Digital crimes are prosecuted differently than street crimes. Law enforcement often relies on forensic evidence, search warrants for computers and phones, and testimony from alleged victims. Many times, investigators misunderstand the technology itself, which can lead to innocent people being accused.

A public defender, while dedicated, usually has a heavy caseload and limited resources for digital forensics. As your private defense lawyer, I can hire independent experts to review metadata, test the authenticity of files, and examine whether the material was actually in your possession. In addition, I can challenge unlawful search warrants or seizures of electronic devices.

When the charge itself is new, like with HB 757, prosecutors may overreach. A private attorney ensures that the state is held to its burden of proof.

Defenses Against HB 757 Charges

If you are accused of creating or possessing AI-generated pornography, you may feel like there is no way out. However, the law provides multiple defense strategies:

Lack of Knowledge

The statute requires that a person act “willfully and knowingly.” If someone unknowingly received a file or if the material was auto-saved by a device, the state may not be able to prove intent.

Consent Issues

If the depicted individual consented to the creation or use of the material, the case may not qualify as a violation of HB 757. Consent defenses can be powerful when supported by communications or other evidence.

Identity Not Established

The law criminalizes depictions of an “identifiable person.” If the alleged victim cannot be reasonably identified from the image or video, the charge may not stand.

Improper Search and Seizure

Many cases arise from digital searches. If police obtained a search warrant unlawfully or exceeded its scope, I can file a motion to suppress the evidence. Without that evidence, the case may collapse.

First Amendment Challenges

Although limited, there are ongoing constitutional challenges to laws restricting digital content. Courts have recognized that some forms of parody or satire may be protected.

Related Florida Statutes

HB 757 is not the only statute in play. Prosecutors may stack charges under existing laws, including:

• Florida Statutes § 827.071 – Sexual performance by a child, which criminalizes depictions involving minors.
• Florida Statutes § 784.049 – Sexual cyberharassment (“revenge porn”), a separate crime that punishes posting sexual images without consent.
• Florida Statutes § 836.11 – Defamation and false portrayal statutes, which may be tied into civil liability.
• Florida Statutes § 775.084 – Habitual offender sentencing enhancements, which can increase penalties for repeat offenders.

The combination of charges means a person accused under HB 757 could face not just one third-degree felony, but multiple overlapping counts.

A Real Case Example

Several years ago, I represented a young man accused of creating explicit digital content involving a classmate. The case predated HB 757, but prosecutors still attempted to bring charges under existing cyberharassment statutes.

The state relied heavily on images found on his phone, which they claimed he manipulated. After careful review, I demonstrated that the images were downloaded from an online forum and not created by my client. I also proved that the search warrant affidavit used by police left out critical facts, which led the judge to suppress the majority of the evidence.

The charges were dismissed, and my client was able to continue his college education without a felony record following him.

This case illustrates why private counsel is necessary. Without a strong challenge to the evidence, he would have faced years in prison.

The Stakes: Why You Cannot Wait

A conviction under HB 757 means more than prison or fines. It can affect:

• Your ability to work in industries involving technology, education, or health care.
• Immigration status, including deportation risk for non-citizens.
• Family law cases, where accusations of digital sex crimes can impact custody rights.
• Social reputation is often in the news due to its sensational nature.

Time is critical. Prosecutors will often seize your devices, interrogate friends or co-workers, and build a case long before trial. Having me intervene early can protect your rights and prevent charges from escalating.

Why a Private Florida Deepfake AI Pornography Defense Lawyer Matters

Every case under HB 757 will set new precedent. Judges, prosecutors, and juries are unfamiliar with the technology. That means the first wave of defendants will face aggressive prosecutions.

As your attorney, I can use my understanding of both the law and the technology to protect you. I know the courtrooms across Florida, from Miami to Tampa to Jacksonville, and I have defended clients against high-profile cybercrime charges before.

If you are under investigation, do not speak with police or investigators without a lawyer present. Every statement can be twisted against you. Instead, call me immediately so that I can shield you and begin building your defense.

Florida Deepfake AI Pornography Defense Lawyer FAQs

What exactly is considered a “deepfake” under HB 757?

A deepfake refers to a digitally altered or artificially generated image or video that depicts a person engaging in sexual conduct without their consent. Under HB 757, any AI-generated or digitally simulated sexually explicit content can qualify, even if the person never participated in such activity. Prosecutors do not have to show that the material is realistic to charge you. They only need to show that it depicts an identifiable person without consent.

Can I be charged for simply possessing deepfake pornography?

Yes. HB 757 criminalizes not only creation but also possession of AI pornography involving a real, identifiable person without consent. Even if you did not create the material, having it on your phone, laptop, or cloud storage can be enough for charges. However, prosecutors must prove that you knowingly possessed it, which gives room for defense arguments.

What are the penalties for violating HB 757?

Violations are classified as third-degree felonies. That means up to 5 years in prison, 5 years probation, and a $5,000 fine. In addition, felony convictions carry long-term consequences such as losing your right to vote, difficulty obtaining employment, and loss of certain professional licenses. If multiple files or distributions are alleged, prosecutors may file multiple counts.

How does this law differ from Florida’s revenge porn statute?

Florida Statute § 784.049 punishes sexual cyberharassment, often called revenge porn, which involves posting explicit images of someone without their consent. HB 757 expands this by targeting AI-generated sexual content, even if no original image existed. The new law is broader and specifically crafted to address artificial intelligence.

What defenses can I raise if accused?

Common defenses include lack of knowledge, consent from the person depicted, inability to prove that the person in the file is identifiable, and illegal searches that violated your Fourth Amendment rights. Each case requires a tailored defense plan based on the facts and evidence.

Do prosecutors really pursue these cases aggressively?

Yes. Because HB 757 is new, prosecutors are under pressure to enforce it and create precedents. These cases are often high-profile, drawing media attention. Law enforcement and prosecutors want to demonstrate that Florida is serious about cracking down on digital sex crimes. That makes aggressive defense representation essential.

If I never shared the content, can I still be prosecuted?

Yes. Simply creating or possessing the content can be enough. Distribution is not required for a felony charge under HB 757. However, the defense may challenge whether the state can prove beyond a reasonable doubt that you knowingly created or possessed the material.

Why should I hire a private Florida Deepfake AI Pornography Defense Lawyer instead of relying on a public defender?

Public defenders are dedicated but often overloaded. They may not have the resources to retain forensic experts or spend the time needed to challenge complex digital evidence. As your private defense lawyer, I can focus fully on your case, bring in the right technical experts, and mount a strategic defense tailored to your situation.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.