HB 757 (2025) Criminalizing Synthetic Sexual Exploitation

Effective October 1, 2025, HB 757 (2025) established criminal penalties for the creation, distribution, or possession of AI-generated sexually explicit depictions of identifiable individuals without consent. The law classifies such conduct as a third-degree felony, extends protections to digital likeness, and provides civil remedies allowing victims to seek damages and removal orders. It reflects growing national concern over non-consensual synthetic imagery and the evidentiary challenges victims face in proving falsity.

Comparatively, other states, including California, Texas, and New York, have considered legislation addressing deepfakes and non-consensual AI-generated content, but Florida's statute is among the first to formally recognize "digital identity" as a legally protected interest. Law firms such as Sheppard Mullin and Foley & Lardner have noted that HB 77's framework–combining criminal liability with civil remedies–may serve as a model for other jurisdictions. The legislation emerged from task force recommendations and public hearings highlighting the psychological and reputational harms of synthetic sexual content. Florida policymakers emphasized the need for swift, enforceable protections as AI tools became more widely accessible.

For attorneys, HB 757 introduces compliance considerations for content creators, technology vendors, and online platforms. Lawyers should counsel clients on liability risks, civil remedies, and best practices for documenting consent, while monitoring similar developments in other states to anticipate cross-jurisdictional enforcement.