“TRUST STARTS & ENDS WITH THE TRUTH”
“TRUST STARTS & ENDS WITH THE TRUTH”
Matt is both the company founder and a nationally renowned private investigator. Matt is an intelligence specialist who excels in detecting and preventing the illegal interception of communications and in providing high-tech covert surveillance. Matt has years of hands on experience in the investigation industry and has developed a reputation for incorporating state of the art technology and innovative ideas to provide effective solutions for his clients. Matt also serves as Treasurer for the Executive Board of Directors of FALI, The Florida Association of Licensed Investigators.
Yes. Many deepfakes are illegal in Florida, one of the strictest states in the country. A deepfake is a fake photo, video, or voice made by AI to look real. In Florida, making a fake sexual image of a real person is a felony. A 2025 law called Brooke’s Law forces websites to take these images down within 48 hours. Victims can press charges and sue for at least $10,000.
It depends on what the deepfake does. A joke video is fine. Using AI to harm a real person is a crime, and Florida punishes it harder than most states.
Florida has stacked up several laws. One makes fake sexual images a felony. One forces platforms to delete them. One lets victims sue. One covers political ads.
Together, they give Florida one of the strongest deepfake frameworks in the country.
| Category | Law | What it does (plain) | Penalty or consequence |
|---|---|---|---|
| Fake nudes | HB 757 (§ 800.045) | Makes it a crime to create, solicit, or possess a non-consensual AI sexual image | Third-degree felony (up to 5 years, $5,000) |
| Fake nudes (sharing) | HB 757 | Raises the charge for possession with intent to distribute | Second-degree felony (up to 15 years) |
| Fake nudes (promoting) | § 836.13 | Makes it a crime to maliciously share or promote an altered sexual depiction | Third-degree felony |
| Platform takedown | HB 1161 (Brooke's Law) | Forces websites to remove the image within 48 hours of a victim's request | Must comply or face state consumer-law penalties |
| Elections | HB 919 | Requires an AI disclaimer on political ads that fake a real person to deceive voters | First-degree misdemeanor |
| Civil | § 836.13 | Lets victims sue the person who made or shared the image | At least $10,000 plus attorney's fees |
In Florida, creating a fake sexual image of a real person without consent is a felony.
The main law is HB 757, which took effect on October 1, 2025. It added a new section of state law, § 800.045. Under it, creating, requesting, or knowingly possessing a non-consensual AI sexual image of a real person is a third-degree felony.
In plain terms, that means up to 5 years in prison and a $5,000 fine.
If you share it with intent to distribute, the charge climbs to a second-degree felony, which carries up to 15 years.
An older law, Florida Statute § 836.13, covers the sharing side. It makes it a third-degree felony to maliciously promote an “altered sexual depiction” of a real person. That same law is also the one that lets victims sue, which we cover below.
Charges take time. A fake image spreading online is a right-now problem. Brooke’s Law is built for speed.
HB 1161, known as Brooke’s Law, was signed by Governor DeSantis on June 11, 2025. It requires covered platforms, meaning websites and online services, to remove an altered sexual depiction within 48 hours of a valid request from the victim.
The platform also has to make a reasonable effort to find and remove copies. Sites that ignore a request face penalties under Florida’s consumer protection law.
The law is named for Brooke Curry, a Florida teenager whose photo was turned into explicit AI content without her consent. It gives Florida victims a fast, direct way to force a takedown, on top of the federal removal rules.
Florida also reaches into elections, though with a lighter touch than the sexual-image laws.
HB 919, in effect since July 2024, does not ban political deepfakes outright. It requires a disclaimer.
Any political ad that uses AI to show a real person doing something they did not do, made to injure a candidate or mislead voters, must state that it was “Created in whole or in part with the use of generative artificial intelligence.” Skipping that disclaimer is a first-degree misdemeanor.
This one is simple practically everywhere, and AI is not a shield.
An AI-generated sexual image of a child is treated as child sexual abuse material under Florida law. Making it, requesting it, or possessing it is a serious felony.
The fact that a computer created the image is not a defense.
Florida gives victims two paths, and they can run side by side.
One path is criminal, where the state prosecutes. The other is civil, where you sue for money.
Under § 836.13, a victim can take the person who made or shared the image to court and recover at least $10,000, or actual damages if they are higher, plus attorney’s fees. A judge can also order the content removed.
For the civil route, solid proof is everything, which is where cyber litigation support services help turn technical findings into evidence a court accepts.
A law says a deepfake is illegal, but it cannot tell you who made it.
At Southern Recon, a Florida private investigation agency, that missing name is the whole case. Deepfakes hide behind fake accounts and wiped file data.
Finding the source takes digital forensics services, which means tracing a file back to a device or an account. It also takes clean handling of the types of digital evidence a Florida court will accept.
Save everything first. Then get the file examined. A strong law and a solid evidence trail are what turn a right into a result.
Florida is one of the toughest states on deepfakes. Creating a fake sexual image of a real person is a felony, up to 5 years, and up to 15 if you share it. Brooke’s Law forces websites to delete these images within 48 hours. Political ads that use AI need a disclaimer. Victims can press charges and sue for at least $10,000. The hard part is not the law. It is proving who made the file.
Southern Recon Agency is a licensed Florida private investigation firm that investigates AI-generated content, finds its source, and documents proof your attorney can use. Request a confidential consultation with a licensed investigator.
Matt Aubin, CDFE, FBCI, is a cyber and counterfeit investigator and the founder of Southern Recon Agency, a Florida-licensed firm. His team focuses on AI-powered investigations, digital forensics, and technical surveillance countermeasures. He is a Certified Digital Forensics Examiner (CDFE) and a Fellow of the Business Continuity Institute (FBCI), and he works with attorneys and brands on cybercrime, deepfake, and counterfeit cases.
Yes. Creating, requesting, or possessing a non-consensual AI sexual image of a real person is a third-degree felony under Florida’s HB 757, punishable by up to 5 years in prison. Sharing it with intent to distribute is a second-degree felony carrying up to 15 years.
Brooke’s Law (HB 1161) is a 2025 Florida law that forces websites and online services to remove non-consensual altered sexual images within 48 hours of a victim’s request. It is named for Brooke Curry, a Florida teen whose photo was turned into explicit AI content.
It can be. Making a non-consensual sexual deepfake of a real person is a third-degree felony, and sharing one with intent to distribute is a second-degree felony. Harmless or clearly fake content, like parody, is not a crime.
Yes. Under Florida Statute § 836.13, a victim can sue the person who made or shared an altered sexual image and recover at least $10,000, or actual damages if higher, plus attorney’s fees. A judge can also order the content taken down.
Not banned, but regulated. Florida’s HB 919 requires any political ad that uses AI to fake a real person, with intent to deceive voters, to carry a clear disclaimer. Leaving it off is a first-degree misdemeanor.
Most states have deepfake laws, and they vary a lot. Our state-by-state guide to what states have deepfake laws shows where each one stands, and our federal law guide covers the nationwide rules.
This article is for general information and is not legal advice. Deepfake laws change fast. For help with a specific situation, talk to a licensed Florida attorney.