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Florida Criminal Offense

Generated Child Sexual Abuse Material

Possessing, viewing, transmitting, or creating computer-generated material portraying a fictitious person who reasonably appears to be under 18 engaged in sexual conduct.

VariesVaries

Florida Statute

§ 827.072

Generated child sexual abuse material

View Official Florida Statute

Verified against the 2026 Florida Statutes: September 13, 2026

Current provision effective: July 1, 2026

Quick Summary

Identify possession/viewing, transmission, or creation. The activity determines whether the charge is a third- or second-degree felony.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Possession, Control, or Intentional Viewing

F.S. § 827.072(2)(a)

FelonyThird Degree

Knowingly possessing, controlling, or intentionally viewing a presentation including generated child sexual abuse material.

Transmission or Intentional Creation

F.S. § 827.072(2)(b)-(c)

FelonySecond Degree

Knowingly or with reasonable knowledge transmitting generated child sexual abuse material under the applicable jurisdictional track, or intentionally creating it.

Elements of the Offense

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

  1. Element 1
    OR — Alternative

    At least one conduct track must be proven

    The defendant knowingly possessed, controlled, or intentionally viewed generated child sexual abuse material; transmitted it; or intentionally created it.

    Plain language: Identify the charged conduct track.

  2. Element 2
    AND — Required

    Confirm the charged statutory track

    The State must prove the knowledge, reasonable-knowledge, jurisdiction, or creation facts required by the charged track.

    Plain language: Transmission has a Florida jurisdictional track; possession/viewing and creation have different required facts.

Jury Instructions

Instruction 16.14

Possession, Control, or Intentional Viewing of Generated Child Pornography

Covers F.S. § 827.072(2)(a). The instruction retains its adopted title while the 2026 statute uses the term generated child sexual abuse material.

View Official Instruction

Verified against the official instruction source: September 13, 2026

Important Definitions

Generated Child Sexual Abuse Material

An image created, altered, adapted, or modified by electronic, mechanical, or computer-generated means portraying a fictitious person a reasonable person would regard as a real person younger than 18 engaged in sexual conduct.

Additional Notes

Quick Reference

Identify possession/control/viewing, transmission, or intentional creation. Verify the statutory generated-material definition and the applicable Florida jurisdiction facts for transmission.

Classification

Possession, control, or intentional viewing is a third-degree felony; transmission and intentional creation are second-degree felonies. Qualifying law-enforcement-investigation material is excluded from the possession/viewing track.