The creation or transmission of child sexual abuse material generated by artificial intelligence went from a third-degree felony to a second-degree felony in Florida at the start of July.
The Sexual Offenses bill, signed March 3 by Gov. Ron DeSantis, tightens the laws and punishment surrounding child sexual abuse material. Whether someone is directly creating the imagery or receiving it from another person or website, they can be penalized. AI-generated material doesn’t need to contain a real child to be against the law.
Defendants can face up to 15 years in prison versus the five years they would have faced as a third-degree felony.
“I think this bill is a great first step in dealing with this really horrible exploitation of minors,” DeSantis said at the signing.
The law also replaced the term “child pornography” with “child sexual abuse material” in Florida statutes.
The North Florida Internet Crimes Against Children Task Force, hosted by the Gainesville Police Department, has adapted to the new law and continued its work detecting child sexual abuse material.
The task force receives CyberTipline reports from the National Center for Missing and Exploited Children, which received 21.3 million reports last year through platforms like Facebook or TikTok. The reports are sent out to the nearest jurisdictions, including the task force.
The new law makes it easier for Florida law enforcement to charge those involved with child sexual abuse material because they can prosecute without determining whether the AI imagery was based on a real child, said Sgt. Christopher King, a detective for GPD.
“This is about holding someone accountable who has abuse material of a child,” King said. “Whether real or not, it's still abuse material of a child.”
Other states still struggle to detect child sexual abuse material because law enforcement can’t pursue the case without determining the child is real, King said.
The task force has learned how quickly someone can use technology for exploitation, he said. Training has given them a better understanding of how people are doing this and how they can prevent it, King said, and it helps them know where to look when detecting child sexual abuse material.
On July 8, the Alachua County Sheriff's Office arrested Dr. Chintan Shah, a UF clinical assistant professor, for possession of child sexual abuse material. ACSO later found files containing AI-generated content, which led to additional charges.
The Florida Department of Law Enforcement wrote a statement on its website regarding the new law and how to proceed if someone runs into child sexual abuse material. It said to contact the FDLE Cybercrime Office if you know someone who possesses child sexual abuse material or if you have come into contact with it online.
“Additionally, if you receive CSAM by email or in any other manner, do not download, print, or copy it to a disk and do not forward the email to anyone. Leave the email in your inbox and contact the FDLE Cybercrime Office,” the FDLE wrote.
The Florida Council Against Sexual Violence is the state’s federally recognized sexual assault prevention coalition. It advocates against sexual abuse for victims of all ages. It also helps provide a safe space and voice for survivors.
Jennifer Dritt, the coalition’s executive director, said she is waiting to see how much the law will impact the prevention of child exploitation.
“It's certainly not meaningless,” Dritt said. “It has a real impact on real people. We'll see what that impact is. But the state has to make it very clear that [child sexual abuse material] is not acceptable.”
Pornography contributes to child abuse, which contributes to sexual assault, she said. Placing more limits on abuse toleration will help prevent it, she added.
The new law also makes other penalties for sexual offenses. It is now a life felony to employ, authorize or induce a child under the age of 12 to engage in sexual performances. This means perpetrators can spend anywhere from 40 years to life in prison.
It’s also now a second-degree felony — instead of a third-degree felony — to have sexual contact with an animal. Once convicted, the law mandates a minimum five-year ban of possession, ownership or working with an animal. Someone convicted of these crimes cannot volunteer with animals during the ban.
Contact Teia Williams at twilliams@alligator.org. Follow her on X @teia_williams.
Teia Williams is a journalism student and in her second semester at The Alligator. She is a lifestyle and general assignment for The Avenue. In her free time she is constantly reading, going to concerts, or talking about her favorite celebrities.
