AI-Generated Child Sexual Abuse Material in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

What Florida Means by "Generated" Material

Generated child sexual abuse material is any image created, altered, adapted, or modified by electronic, mechanical, or other computer-generated means to portray a fictitious person who a reasonable person would regard as a real person under 18, engaged in sexual conduct.

If an image portrays an identifiable real minor, it falls under Florida's main child sexual abuse material laws, which generally carry heavier penalties. See Child Pornography (CSAM) Transmission.

The Three Offenses (§ 827.072)

Possession, control, or intentional viewing. Instruction 16.14: the State must prove that you knowingly possessed or controlled, or intentionally viewed, an image or file; that it included generated child sexual abuse material; and that you knew it did. "Intentionally view" requires more than a single image over any period of time. Third-degree felony (up to 5 years and $5,000) for each image or file. Material handled as part of a law enforcement investigation is excluded.

Transmission. Instruction 16.15: you transmitted generated material to another person (from Florida, or from outside Florida to someone in Florida), and you knew or reasonably should have known what it was. "Transmit" includes sharing a cloud link or access credential. Second-degree felony (up to 15 years and $10,000). This offense took effect July 1, 2026.

Intentional creation. Instruction 16.16: you intentionally created generated child sexual abuse material. Second-degree felony since July 1, 2026 (it was third-degree before).

Registration

§ 827.072 is not on Florida's sexual offender registration list in § 943.0435. That can change if a case also involves charges that are, such as material showing a real, identifiable child.

How We Defend These Cases

• Is it really "generated" material under the statute? The test is whether a reasonable person would regard the figure as a real person under 18, engaged in sexual conduct as Florida defines it.
• Knowledge. Possession requires knowing the file included the material. AI tools and image sites can produce or cache content a user did not request.
• Intentional creation. What prompts were used, by whom, and what the software did on its own.
• Who used the device or account, and how police got it. See Motions to Suppress.

What to Do First

1. Do not talk to investigators about what you made or downloaded.
2. Do not delete accounts, prompts, or files.
3. Call us. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page, Deepfakes & Revenge Porn, Cyber Crimes, and Sex Crimes Defense.

Frequently Asked Questions

No real child was involved. How is this a crime?

§ 827.072 covers images of a fictitious person who a reasonable person would regard as a real minor.

Is AI-generated material of an adult covered by this law?

Not this one, which is limited to apparent minors. Realistic sexual images of real adults made without consent can fall under Florida's altered sexual depiction law.

Is each image a separate charge?

For possession, control, or viewing, yes. The statute makes each item a separate offense.