HB 757: Florida’s New Law on Lewd or Lascivious Images

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Sex Crimes Social Share

In Florida, HB 757 is a new law that criminalizes possession of a “lewd or lascivious image” and the solicitation of child pornography. In response to this legislation’s passage, many questions about it have arisen. This blog will answer frequently asked questions about HB 757.

#1 – What is HB 757?

HB 757 is a major piece of new legislation in Florida that takes effect on October 1, 2025. The bill makes the possession of a lewd or lascivious image with intent to promote a second-degree felony (punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine). 

It also makes possession of a lewd or lascivious image without intent to promote a third-degree felony (up to 5 years in prison and a $5,000 fine). The law also bars someone from soliciting child pornography (even if they don’t possess it) – this is now a third-degree felony. 

The law also makes all of the following a third-degree felony without the consent of the identifiable person depicted:

• Willfully generating an altered sexual depiction (e.g. a deepfake)
• Soliciting an altered sexual depiction
• Possessing any altered sexual depiction with the intent to maliciously promote it (e.g. share with others) 

#2 – What is a “lewd or lascivious image?”

This is an important question, as courts will have to answer this going forward on a case by case basis.

However, HB 757 defines a lewd or lascivious image as:

• Any image depicting lewd or lascivious exhibition of an identifiable minor, or;
• Any image that has been created, altered, adapted or modified by electronic, mechanical or other means (e.g. artificial intelligence) to portray lewd or lascivious exhibition in the presence of an identifiable minor

Again, possessing such an image is a third-degree felony. If possessed with intent to promote, this is a second-degree felony.

#3 – What is “lewd or lascivious exhibition?”

Under Florida law, lewd or lascivious exhibition involves any of the following:

• Intentional masturbation
• Exposure of the genitals in a lewd or lascivious manner
• The commission of a sexual act, sadomasochistic abuse, sexual bestiality or the simulation of any act involving sexual activity that did not involve actual or physical contact with the victim

If the image contains an identifiable minor doing any of the above or someone doing any of the above in the presence of an identifiable minor (even if edited with AI), it is a felony under HB 757 to possess the image. 

#4 – What is an identifiable minor?

HB 757 defines an “identifiable minor” was someone who meets the following criteria:

• The person was less than 16 years old at the time the image was created, altered, adapted or modified, or were less than 16 in the image that used 
• The person is recognizable as an actual person by their face, likeness, or other distinguishing characteristic (e.g. a birthmark or other uniquely recognizable feature)

#5 – Does this bill apply to law enforcement possessing or viewing these images?

No, it does not. HB 757 is clear that the prohibitions on soliciting, possessing, controlling or intentionally viewing lewd or lascivious images do not apply if this is done as part of an official police investigation.

#6 – How does HB 757 change child pornography laws?

HB 757 makes soliciting a photo, motion picture, exhibition, show, representation, image, data, computer depiction or other presentation that the person knows in whole or part contains child pornography. This is a significant update to Florida’s child pornography law.

Solicitation of child pornography is a third-degree felony (up to 5 years in prison and a $5,000 fine).

#7 – What does “solicit” mean under Florida law?

“Solicit” means to command, encourage, hire, or request another person to engage in specific conduct, “to entice or lure especially into evil” or “to proposition (someone) especially as or in the character of a prostitute.” Grohs v. State, 944 So.2d 450 (Fla. 4th DCA 2006) 

In essence, someone must specifically command, encourage, hire or request another person send them child pornography to be guilty of solicitation.

#8 – Is it still a crime if there is no actual minor, and the image is AI generated?

Yes, the law bans possession of AI child pornography (or soliciting this) even if there is no real child victim and the image is entirely AI or computer-generated. AI images or videos that qualify as child pornography are covered by the term “computer depiction” in the law, so they are treated the same as pornography involving actual child victims.

It is a separate crime to actually generate an AI child pornographic image, video or other exhibit. This is a third-degree felony under Fla. Stat. 827.072 (up to 5 years in prison and a $5,000 fine).

#9 – How do courts determine whether an exhibit is child pornography?

Under HB 757, courts must consider the following in evaluating whether an image, video, or other exhibit constitutes child pornography. 

• Whether the exhibit contains actual or simulated lewd exhibition of the genitals of the minor
• If the focal point of the image is on the minor’s genitals
• If the minor is depicted in an unnatural pose or inappropriate attire, considering their age
• If the image suggests sexual coyness or a willingness to engage in sexual conduct
• If the image is intended or designed to elicit a sexual response in the viewer.

As this framework was first discussed in United States v. Dost, 636 F.Supp. 828, 832 (S.D. Cal. 1986), these considerations as to whether an image is child pornography are referred to as the “Dost factors.” State v. Brabson, 7 So.3d 1119, 1125 (Fla. 2d. DCA 2008)

Note: Lewd is defined as a “wicked, lustful, unchaste, licentious, or sensual” in intent. Durant v. State, 647 So. 2d 163 (Fla. 2d. DCA 1994)

#10 – What about HB 757’s prohibition on “altered sexual depictions”?

HB 757 makes it a third-degree felony to willfully generate, solicit, or possess with intent to maliciously promote (e.g. share with friends or on social media) an altered sexual depiction of any identifiable person. All of these are third-degree felonies.

#11 – Does this apply even if the identifiable person was an adult?

Yes. Unlike HB 757’s provisions regulating child pornography and lewd or lascivious images, it does not matter if the altered sexual depiction contained an adult subject. Even if they were over the age of 18, willfully generating (e.g. creating, altering, adapting or modifying), soliciting or possessing with intent to promote such an image is felonious.

#12 – What does “altered sexual depiction” mean?

Under Fla. Stat. 836.13, an altered sexual depiction is any visual depiction which, as a result of any type of digital, electronic, mechanical or other modification, depicts a realistic version of an identifiable person:

• With the nude body parts of another person as the nude body parts of the identifiable person
• With computer-generated nude body parts as the nude body parts of the identifiable person
• Engaging in sexual conduct in which the identifiable person did not engage

HB 757 makes soliciting, creating, or possessing with intent to maliciously promote an exhibit that meets this definition a third-degree felony.

#13 – What about possession without intent to maliciously promote?

HB 757 does not appear to criminalize someone simply having an altered sexual depiction if it does not involve an identifiable minor (making it child pornography) and they do not have the intent to maliciously promote it. Someone must either:

• Generate/create the image 
• Solicit the image (e.g. ask someone for it)
• Possess it with intent to maliciously promote

Possession with intent to maliciously promote (e.g. sell or distribute) is distinct from simple possession. Whether someone simply possessed the altered depiction or did so maliciously with the intent to promote is determined based on the totality of the circumstances. 

Courts generally consider the presence of three or more prohibited images as intent to promote. But the term “maliciously” implies acting without reasonable cause, often motivated by ill will, animosity, or a desire to harm for harm’s sake. Erp v. Carroll, 438 So.2d 31 (Fla. 5th DCA 1983)

This could have implications for prosecutions under HB 757, as the term “maliciously” (different from other statutes) may make it harder for the State to prove someone guilty based on mere possession of an altered sexual depiction – even if they are found with multiple exhibits. 

In sum, HB 757 is a sweeping new law that could have serious implications for many Floridians who are accused of possessing or soliciting child pornography, lewd or lascivious images, or altered sexual depictions. By understanding the answers to these FAQs, someone will have a much better grasp on the key provisions of this law.

If someone is charged in a Florida criminal case with possession of a lewd or lascivious image or solicitation of child pornography, it is critical to find experienced and aggressive representation as soon as possible.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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