A new bill making its way through the Florida Legislature seeks to ban explicit AI-generated images of real people.
Filed last month by State Rep. Mike Redondo (R-Miami), HB 757 aims to criminalize these actions.
Under this legislation, anyone who intentionally creates an “altered sexual depiction” of a real person without their consent could be charged with a third-degree felony—carrying a penalty of up to five years in prison and a fine of up to $5,000.
Legislative analysts define an “altered sexual depiction” as a digitally manipulated image that realistically portrays an identifiable person. This could include images where the person appears:
With another individual’s nude body parts
With AI-generated nude body parts
Engaged in sexual acts they never actually participated in
Beyond criminal charges, the bill would allow affected individuals to take legal action, seeking injunctions, monetary damages, and attorney fees.
While the proposal may seem unusual to some, it directly addresses the rising issue of deepfakes—AI-generated images and videos that falsely depict real people, often public figures.
According to WBUR, deepfake technology is widely used in pornography, with studies indicating that over 90% of deepfakes fall into this category.
“Using someone’s image without their consent to create porn can have damaging effects, emotionally and physically,” the outlet reports. “But no federal law criminalizes the creation or sharing of non-consensual deepfake porn in the United States.”
This issue gained attention last year when fake, sexually explicit images of musician Taylor Swift surfaced on social media.
Additionally, HB 757 proposes updates to state laws on child pornography, aiming to crack down on AI-generated exploitative content. Specifically, the bill clarifies that when determining if an image qualifies as child pornography, officials can consider:
Whether the image focuses on the minor’s genitals
If the setting or pose is sexually suggestive
If the minor appears in an unnatural pose or inappropriate attire for their age
Whether the image implies sexual coyness or a willingness to engage in sexual acts
If the image is designed to elicit a sexual response from viewers
“This is one of those bills where technology and some of the heinous actions of criminals in our state have forced us to adapt,” said co-sponsor Rep. Mike Redondo.
During a House committee meeting last week, Redondo emphasized that these changes would provide law enforcement and prosecutors with better tools to combat AI-generated child exploitation materials.
While Florida already prohibits computer-generated child pornography, deepfake pornography remains legal. However, legislative analysts note that First Amendment protections, which typically limit restrictions on pornography unless deemed “obscene,” would not apply in this case.
“Nonconsensual altered sexual depictions are indistinguishable from consensual pornography, as the depicted individual did not consent or engage in the acts shown,” the legislative analysis states. “These depictions can exploit the person for others’ gratification and cause emotional and reputational harm.”
The bill passed unanimously in its initial committee vote and now awaits approval from another committee before heading to the full House for a vote.
If enacted, the law will take effect on October 1.
