Accused of a Crime Involving AI Images, Videos, or Deepfakes in Florida
A detective calls and says he’d like to “just ask a few questions.” Agents arrive with a search warrant for a phone and a computer. A platform shuts down an account, or someone tells police that a person made or shared an AI-generated image or video. However it starts, an investigation involving AI images, AI videos, or deepfakes raises a lot of questions very quickly.
Florida and federal law both address these situations directly. Florida has laws covering sexual images involving minors, including images that are AI-generated or altered, and laws covering sexual deepfakes of real people made or shared without their consent. Federal law can apply as well. (For an overview, see our page on AI-related crimes in Tampa.)
This post explains, in general terms, where the law stands in Florida and what the process tends to look like, so you have a clearer picture of the questions to bring to a lawyer.
Where the Law Generally Stands in Florida
A few points hold true across most of these cases:
- They are treated as serious criminal matters. Florida law addresses AI-generated and altered sexual images involving minors, and sexual deepfakes of adults made or shared without consent, as crimes.
- More than one kind of conduct can be involved. Depending on the law and the facts, creating, requesting, possessing, or sharing material can each be at issue.
- Federal law can apply too. Some investigations that begin with local police end up in federal court, and some begin with federal agents. (See our pages on federal criminal defense and sex offense defense.)
- The laws are relatively new and have been updated recently. Older information online may no longer be accurate.
The consequences of a conviction can be serious and long-lasting, affecting a person’s freedom, family, career, and reputation. Exactly what applies in a given case depends on the facts, and that’s a conversation for a lawyer.
How These Investigations Usually Unfold
AI-image and deepfake investigations tend to follow a familiar path:
- A starting point. That might be a report from a technology platform, a complaint from the person depicted, a tip, or information from an unrelated investigation.
- Records and devices. Investigators may request account records from companies and seek search warrants for phones and computers. Forensic examinations can take months, so a search without an arrest doesn’t necessarily mean the matter is over.
- Contact. At some point, investigators often want to talk with the person they are looking at, sometimes casually and sometimes at the door during a search.
- A charging decision. Prosecutors decide whether to file charges, and whether the case belongs in state or federal court.
(For more on how investigators gather digital evidence, see How Police Get Your AI Chats, Images, and Account Records and What Should You Do if the Police or FBI Search Your Home? on our national site, InternetCrime.com.)
What the Government Has to Prove
In every criminal case, the person accused is presumed innocent, and the government has to prove its case beyond a reasonable doubt. That applies to cases involving technology the same way it applies to any other case.
In digital cases, the questions that often come up include:
- Who actually created, requested, possessed, or shared the material?
- What does the digital evidence show, and what doesn’t it show?
- How was the evidence collected, and did investigators stay within the warrant?
- Were the person’s rights respected during the search and any questioning?
A lawyer can look at those questions in light of the actual facts and explain what they mean for your situation.
Talking With Investigators
Statements made to investigators can become evidence. Conversations that happen under stress, without the full picture, can be easy to misunderstand. A lawyer can communicate with investigators for you and help you understand where things stand before any decisions are made.
“It’s much better to get your questions answered before decisions are made than after.”
— Attorney Ron Frey
Attorney Ron Frey’s Take
Attorney Ron Frey has over two decades of experience defending people in state and federal criminal cases. In his experience, the early stage of an investigation is often when a lawyer’s involvement matters most, and a confidential consultation is the place to get real answers about your own situation.
“If you’re wondering whether you should talk to a lawyer, that’s often a very strong sign that you need one.”
— Attorney Ron Frey
(For more on that point, see Should I Hire an Attorney?)
Questions to Bring to a Lawyer
People in this situation often ask questions like these:
- What exactly am I being accused of, and by whom?
- Investigators took my devices but didn’t arrest me. What happens now?
- How should I respond if a detective or agent contacts me?
- Is this a state case, a federal case, or could it become either?
- What could this mean for my job or my professional license?
Each of those questions turns on the facts of your case, and a lawyer can answer them confidentially.
Accused or Under Investigation? Let’s Talk.
If you would like to speak with an experienced criminal defense lawyer about an investigation or charge involving AI images, AI videos, or deepfakes, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC. He represents people in Tampa Bay and throughout Florida. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.
Call or text (813) 775-2276. Rapid response, 24/7.
This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.
Laws involving artificial intelligence are new and changing quickly, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.