Florida § 827.072 - Generated child sexual abuse material.

§ 827.072. Generated child sexual abuse material.

(1) As used in this section, the term: (a) “Generated child sexual abuse material” means any image that has been created, altered, adapted, or modified by electronic, mechanical, or other computer-generated means to portray a fictitious person, who a reasonable person would regard as being a real person younger than 18 years of age, engaged in sexual conduct. (b) “Intentionally view” has the same meaning as in s. 827.071. (c) “Sexual conduct” has the same meaning as in s. 827.071. (d) “Transmit” has the same meaning as in s. 847.0137. (2)(a) It is unlawful for a person to knowingly possess or control or intentionally view a photograph, a motion picture, a representation, an image, a data file, a computer depiction, or any other presentation which, in whole or in part, he or she knows includes generated child sexual abuse material. The possession, control, or intentional viewing of each such photograph, motion picture, representation, image, data file, computer depiction, or other presentation is a separate offense. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b)1. Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting generated child sexual abuse material to another person in this state or in another jurisdiction commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting generated child sexual abuse material to any person in this state commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this paragraph, including a person in a jurisdiction other than this state, if the act or conduct violates subparagraph 2. (c) A person who intentionally creates generated child sexual abuse material commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Paragraph (a) does not apply to any material possessed, controlled, or intentionally viewed as part of a law enforcement investigation.