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.
Florida Statute
§ 827.072
Generated child sexual abuse material
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)
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)
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 of the Offense
- Element 1
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.
- Element 2
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.
Important Definitions
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
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.