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Promotion of an Altered Sexual Depiction



In the digital age, the lines between privacy, consent, and online conduct are increasingly blurred, leading to new legal challenges. One such challenge is the crime of promoting an altered sexual depiction. Florida law, specifically under § 836.13, Fla. Stat., provides a detailed framework for prosecuting these offenses. This crime involves the willful and malicious promotion of a visual depiction that has been altered to include nude body parts or sexual conduct involving an identifiable person without their consent. The law requires that the defendant knew or should have reasonably known that the depiction was altered.

Understanding the legal definitions is crucial for grasping the full scope of this offense. “Willfully” implies an action done knowingly, intentionally, and purposely. The term “maliciously” can be interpreted in two ways: as an action done intentionally without lawful justification or with ill will, hatred, spite, or evil intent. The ambiguity between “actual malice” and “legal malice” remains unresolved, leaving room for legal interpretation. “Promoted” encompasses a broad range of actions, from distributing and circulating to posting and advertising the altered material.

The statute defines “Altered Sexual Depiction” as any realistic portrayal of an identifiable person, through digital or other modifications, in a sexual context that they did not consent to. This includes depictions of the person with someone else’s nude body parts, computer-generated nudity, or engaging in sexual conduct they did not actually partake in. An “identifiable person” is one who can be recognized by their face, likeness, or any unique distinguishing characteristic.

It’s important to note that the presence of a disclaimer within an altered sexual depiction, stating the lack of consent or participation from the depicted person, does not absolve the promoter of liability under this law. This emphasizes the seriousness with which Florida law treats the consent and dignity of individuals in digital representations.

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“Promotion of an Altered Sexual Depiction” is a crime that underscores the importance of consent and the right to privacy in the digital realm. Understanding its legal definitions is the first step in navigating the complexities of such cases.

At Leppard Law, we are committed to defending the rights of individuals accused of this complex crime. Our sex crimes defense attorneys leverage over 60 years of combined experience, including insights from former prosecutors, to provide a strategic and compassionate defense. If you or someone you know is facing charges for promoting an altered sexual depiction, contact us at 407-476-4111 for a consultation.

Penalties for Promoting Altered Sexual Depictions in Florida

In Florida, the consequences of being convicted for promoting an altered sexual depiction are severe and can have lasting impacts on an individual’s life. Understanding the penalties associated with this crime is crucial for anyone facing these charges.

The penalties for this crime are determined based on the severity of the offense and can range from fines to imprisonment, and in some cases, mandatory registration as a sex offender. The specifics of these penalties are outlined in § 836.13, Fla. Stat., and are designed to reflect the serious nature of violating an individual’s privacy and consent.

  • Fines: Conviction may result in significant fines, the amount of which is determined by the court based on the specifics of the case.
  • Imprisonment: Depending on the severity of the offense, individuals may face jail or prison time. The length of imprisonment varies, with more egregious violations warranting longer sentences.
  • Sex Offender Registration: In some cases, individuals convicted of promoting an altered sexual depiction may be required to register as sex offenders, a designation that carries profound social and legal implications.

It’s important to note that the presence of a disclaimer within an altered sexual depiction, stating that the depicted person did not consent to the creation or promotion of the material, does not constitute a defense under Florida law. This underscores the law’s strict stance on protecting individuals’ rights to consent and privacy.

Police Car with Lights in Florida

The impact of a conviction extends beyond legal penalties. Individuals may face challenges in securing employment, loss of reputation, and strained personal relationships. Given these potential consequences, it is imperative for anyone accused of this crime to seek skilled legal representation.

At Leppard Law: Florida Sex Crimes Defense Attorneys, our team, led by Joe Easton and John Vallillo, brings over 60 years of combined experience in criminal defense. Our approach is distinguished by a deep understanding of sex crime laws, a commitment to our clients, and a track record of successfully navigating the complexities of the legal system. If you’re facing charges related to the promotion of an altered sexual depiction, contact us at 407-476-4111 for a consultation. Let our expertise and personalized approach be your advantage in securing the best possible outcome for your case.

Defending Against Charges of Altered Sexual Depiction Promotion

When facing charges of promoting an altered sexual depiction in Florida, crafting a robust defense strategy is paramount. The complexities of these cases require a nuanced understanding of both the law and the digital landscape. Here, we’ll explore the common defense strategies that have proven effective in challenging such accusations.

First and foremost, it’s essential to understand the elements the prosecution must prove beyond a reasonable doubt. These include the willful and malicious promotion of an altered sexual depiction without the consent of the depicted individual, and the knowledge or reasonable assumption that the depiction was altered. This understanding forms the foundation of any defense strategy.

  • Challenging the Intent: A key defense revolves around disputing the intent behind the promotion. Demonstrating that the act was not done willfully or maliciously can undermine the prosecution’s case. This might involve presenting evidence that the defendant was unaware of the content’s altered nature or that the distribution was accidental.
  • Consent: Another angle is to prove that the depicted individual consented to the creation and distribution of the material. This requires careful navigation, as consent in these cases can be complex and multifaceted. Documentation or communication evidencing consent can significantly bolster this defense.
  • Questioning the Identification: Arguing that the individual in the depiction cannot be clearly identified as the alleged victim challenges the prosecution’s claim of harm. This could involve analyzing the technical aspects of the alteration to demonstrate ambiguity in identification.

Moreover, technological expertise plays a crucial role in these defenses. Understanding the digital footprint and the mechanics of how such content is created, altered, and shared is essential. This often necessitates the involvement of digital forensics experts who can analyze data, metadata, and the methods of content distribution.

At Leppard Law, our approach to defending against charges of promoting an altered sexual depiction is rooted in a deep understanding of both the legal and technological aspects of these cases. Our team, including Joe Easton and John Vallillo, utilizes a comprehensive strategy that encompasses thorough investigation, expert testimony, and meticulous legal argumentation. With over 60 years of combined experience, we have developed innovative defense strategies that have led to successful outcomes for our clients.

If you or someone you know is facing such charges, it’s crucial to act swiftly and secure experienced legal representation. The implications of a conviction can be far-reaching, affecting your reputation, employment opportunities, and personal relationships. Contact us at 407-476-4111 for a consultation. Let us leverage our expertise and dedication to fight for the best possible outcome in your case.


The realm of altered sexual depictions is a challenging and intricate area of law, especially in Florida. These cases not only involve the traditional aspects of criminal defense but also delve into complex technological evidence and digital forensics. Understanding how to navigate these complexities is crucial for anyone facing charges related to the promotion of altered sexual depictions.

At the core of these cases is the digital evidence. This can range from the altered images or videos themselves to metadata that may prove the timing and method of creation and distribution. Handling such evidence requires not only legal expertise but also a deep understanding of digital technology and the platforms used for distribution.

Sunrise behind Florida Courthouse

Expert witnesses play a pivotal role in these cases. Digital forensics experts can analyze data to establish or contest the authenticity of the alleged altered depictions, trace the digital footprint of how these images were created and shared, and even challenge the methods used by the prosecution to collect and present digital evidence. At Leppard Law, we have a network of trusted experts who can provide the technical insights necessary for a strong defense.

Another layer of complexity comes from the legal landscape itself. The laws governing altered sexual depictions are relatively new and constantly evolving as technology advances. This means that legal precedents may be limited, and interpretations of the law can vary significantly between jurisdictions. Our team at Leppard Law stays at the forefront of legal developments in this area, ensuring that our defense strategies are not only robust but also innovative and tailored to the specifics of each case.

Moreover, the emotional and reputational stakes in these cases are exceptionally high. Beyond the potential legal penalties, individuals accused of promoting altered sexual depictions face significant personal and professional repercussions. Our approach at Leppard Law is not only to provide a vigorous legal defense but also to handle our clients’ cases with the utmost sensitivity and discretion. We understand the importance of protecting your reputation and work tirelessly to mitigate the impact of these charges on your life.

To effectively navigate the complexities of altered sexual depiction cases, it’s essential to have a legal team that is experienced, technologically savvy, and deeply committed to your defense. Contact us at 407-476-4111 to discuss your case and learn more about how we can help. With our comprehensive approach and dedication to excellence, we stand ready to defend your rights and fight for the best possible outcome.

In conclusion, facing charges related to the promotion of altered sexual depictions demands a defense strategy that is as multifaceted as the cases themselves. At Leppard Law, our team combines legal expertise, technological knowledge, and a personalized approach to guide our clients through these challenging times. Remember, you don’t have to navigate this complex legal terrain alone. Let our experienced team be your guide and advocate, ensuring your rights are protected every step of the way.


Infographic depicting the words Promotion of an Altered Sexual Depiction

What constitutes an altered sexual depiction under Florida law?

In Florida, an altered sexual depiction involves any image or video that has been digitally manipulated to depict a person in a sexual manner without their consent. This can include:

  • Photoshopping someone’s face onto an explicit photo or video.
  • Altering existing images or videos to make them sexually explicit.
  • Creating deepfake videos that falsely depict someone in sexual acts.

The key factor is the lack of consent from the person depicted.

How can someone defend against charges of promoting altered sexual depictions?

Defending against such charges requires a multifaceted approach, focusing on:

  1. Consent: Proving that the depicted individual consented to the creation and distribution of the image or video.
  2. Lack of intent: Demonstrating the absence of intent to create or distribute altered sexual depictions.
  3. Challenging digital evidence: Questioning the authenticity and admissibility of digital evidence through expert testimony.

Each case is unique, and strategies should be tailored to the specific circumstances.

What are the potential consequences of being convicted for promoting altered sexual depictions?

The consequences can be severe and may include:

  • Criminal penalties: Jail time, fines, and probation.
  • Sex offender registration: In some cases, individuals may be required to register as sex offenders, impacting employment, housing, and more.
  • Reputational damage and personal repercussions are also significant, affecting relationships and professional opportunities. Consulting with an experienced sex crimes defense attorney is crucial to navigate these challenges.

Other Practice Areas We Serve

Exploring related legal fields is crucial for a comprehensive defense strategy. Below is a list of additional practice areas we serve in Florida, offering specialized support and guidance.

Sex Crimes Defense Attorneys Child Pornography Crimes Attorneys
Lewd and Lasciviousness Acts Attorneys Rape and Sexual Battery Attorneys
Indecent Exposure Attorneys Exposure of Sexual Organs Attorneys
Unlawful Use of Two-Way Communications Device Attorneys Internet and Computer Sex Crimes Attorneys
Nonconsensual Pornography Attorneys Sexual Cyber Harassment Attorneys
Internet Sting Operations Attorneys Crimes for Luring or Enticing a Child Attorneys
Child Exploitation Attorneys Child Molestation Attorneys
Traveling to Meet a Minor for the Purpose of Sexual Conduct Attorneys Giving Obscene Material to a Minor Attorneys

List of Top-Rated Promotion of an Altered Sexual Depiction Attorneys Serving Florida

Choosing the right legal representation is pivotal in navigating the complexities of your case. Our team, led by seasoned attorneys, is dedicated to offering personalized and strategic defense plans. Meet our top-rated lawyers:

John Vallillo
Joe Easton
Joel Leppard

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At Leppard Law, our dedication to our clients is unparalleled. We pour our expertise and passion into every case, and the positive feedback we receive highlights our commitment to excellence and client satisfaction.



Infographic depicting the words Promotion of an Altered Sexual Depiction

Ready to Defend Your Rights? Contact Leppard Law Today

At Leppard Law, we understand the weight of facing charges related to the promotion of an altered sexual depiction. It’s not just a legal battle; it’s a personal one. That’s why we’re committed to offering more than just legal representation. With us, you gain a team that treats you like family, prioritizes your best interests, and leverages our extensive experience to fight for the best possible outcome for your case.

Our accolades speak volumes about our dedication and expertise:

  • Named among the “Best Criminal Defense Attorneys in Orlando” for 2024 by Expertise.
  • Listed in the “Top 10 Criminal Defense Attorneys near Orlando, FL” by Thumbtack.
  • Recognized with the “Martindale Hubbell Client Champion Platinum” award from 2018-2024, a testament to our exceptional client service.
  • Awarded as part of the “Awesome Attorneys Orlando” by Orlando Family Magazine from 2019-2023.
  • Rated 10.0 by Avvo from 2017-present, reflecting our top-tier legal expertise.

Don’t navigate this challenging time alone. Let Leppard Law, a firm with over 60 years of combined criminal defense experience, innovative defense strategies, and a personal touch, stand by your side. Our commitment to excellence is not just our promise; it’s our practice, as evidenced by our over 300 5-star Google reviews.

Experience the difference for yourself. If you or a loved one has been charged with a criminal offense, don’t hesitate. Call us today at 407-476-4111 to schedule your free consultation and take the first step towards securing your rights and your future.

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Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, renowned for his extensive experience and strategic prowess in DUI and criminal defense, not only offers legal representation but a commitment to transforming legal challenges into victories. His approach, blending tenacity in the courtroom with personalized client care, ensures your case is defended with dedication and expertise.

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