Deepfakes and Revenge Porn Charges 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.

Altered Sexual Depictions ("Deepfakes") (§ 836.13)

An altered sexual depiction is a visual depiction, modified by any digital, electronic, mechanical, or other means, that shows a realistic version of an identifiable person with someone else's nude body parts, with computer-generated nude body parts, or engaging in sexual conduct the person did not engage in. Each version is a third-degree felony (up to 5 years and $5,000), and every act is a separate offense:

• Generation. Instruction 11.23(b): you willfully generated an altered sexual depiction of an identifiable person, without that person's consent.
• Solicitation. Instruction 11.23(a): you tried to obtain one, without the person's consent, and knew or reasonably should have known it was altered.
• Promotion, or possession with intent to promote. Instruction 11.23: you willfully and maliciously promoted one, or possessed one intending to maliciously promote it, without consent, and knew or reasonably should have known it was altered. The instruction notes that, as of February 2026, courts had not decided which meaning of "maliciously" applies.

A disclaimer saying the person did not participate is not a defense.

Stolen or Sold Explicit Images (§ 836.14)

A sexually explicit image is any image of an identifiable person portraying nudity or sexual conduct.

• Theft with intent to promote. Instruction 11.24: you knowingly and unlawfully obtained or tried to obtain the image, intending to deprive the owner of it or use it yourself, and intended to promote it. Third-degree felony.
• Possession of a stolen image to promote for money. Instruction 11.25: you willfully possessed the image, intended to promote it for financial gain, and knew or should have known it was stolen. Third-degree felony.
• Unauthorized promotion for money. Instruction 11.26: you willfully promoted the image through print media, a website, or other electronic means, without the person's consent, for financial gain. Second-degree felony (up to 15 years and $10,000).

Both statutes exempt certain people, including those reporting unlawful activity and participants in legal proceedings. In many cases, the person depicted can also sue for at least $10,000.

Registration

Neither § 836.13 nor § 836.14 is on Florida's sexual offender registration list. If the person depicted is a minor, prosecutors may also bring child sexual abuse material charges, which are. See Child Pornography (CSAM).

How We Defend These Cases

• Consent and identity. Was the person identifiable, and was there consent?
• Realism. The statute requires a realistic depiction.
• Intent. Malice, intent to promote, or financial gain, as the charge requires.
• Who made or posted it. Shared accounts and devices. See Motions to Suppress.

What to Do First

1. Do not post, repost, or contact the person shown.
2. Do not delete accounts or files.
3. Call us.

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 and related charges: Sexual Cyberharassment, Voyeurism, and Sex Crimes Defense.

Frequently Asked Questions

Is "revenge porn" the same as these crimes?

Not exactly. Posting or sending a real sexually explicit image of a person without consent, with information that identifies the person, can be charged as sexual cyberharassment. These statutes cover altered images and stolen or sold images.

I only asked someone to make the image. Is that a crime?

Yes. Soliciting an altered sexual depiction without the person's consent is a third-degree felony.

I added a label saying it was fake. Does that help?

Not as a defense. The statute says a disclaimer does not relieve criminal liability.