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
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Generated Material — Constitutional Charging Review
Constitutional issue — legal review required
- Ashcroft v. Free Speech Coalition (U.S. Supreme Court; 2002) invalidated broad federal restrictions reaching virtual depictions that were neither legally obscene nor produced through exploitation of actual children. This raises an application question for Florida §827.072's fictitious-person definition; it is not a holding that §827.072 itself is invalid or subject to an injunction.
- Fully fictitious images, altered images of identifiable actual minors, legally obscene material, and material produced by abusing actual children are not interchangeable legal categories. Preserve the material and evidence of its origin and obtain State Attorney guidance before relying on this statute. This targeted review has not resolved every modern photorealistic-image application or established the latest litigation status.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
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
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.
- Element 1OR — 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.
- Element 2AND — 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
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 InstructionVerified against the official instruction source: September 13, 2026
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.