Chapter 847 — Chapter 847
25 sections in this chapter.
Fla. Stat. § 847.001 Definitions
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As used in this chapter, the term:(1) “Adult” means a person 18 years of age or older.(2) “Adult entertainment establishment” means the following terms as defined:(a) “Adult bookstore” means any corporation, partnership, or business of any kind which restricts or purports to rest…
Fla. Stat. § 847.002 Child pornography prosecutions
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(1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child pornography shall:(a) Provide such images or movies to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Cente…
Fla. Stat. § 847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty
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(1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with int…
Fla. Stat. § 847.012 Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty
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(1) As used in this section, “knowingly” means having the general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:(a) The character and content of any material described in this section which is reasonably suscep…
Fla. Stat. § 847.0125 Retail display of materials harmful to minors prohibited
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(1) “KNOWINGLY” DEFINED.—As used in this section, “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:(a) The character and content of any material described herein which is reasonabl…
Fla. Stat. § 847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations
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(1) “KNOWINGLY” DEFINED.—As used in this section “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:(a) The character and content of any motion picture described herein which is reas…
Fla. Stat. § 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty
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(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section “obscene material” means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printe…
Fla. Stat. § 847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school
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(1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before July 1, 2001, an adult entertainment establishment that sells, rents, loans, distributes, transmits, …
Fla. Stat. § 847.0135 Computer pornography; prohibited computer usage; traveling to meet minor; penalties
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(1) SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act.”(2) COMPUTER PORNOGRAPHY.—A person who:(a) Knowingly compiles, enters into, or transmits by use of computer;(b) Makes, prints, publishes, or reproduce…
Fla. Stat. § 847.01357 Exploited children’s civil remedy
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(1) Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child pornography, and who suffers personal or psychological injury a…
Fla. Stat. § 847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties
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(1) As used in this section, the term “transmit” means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interco…
Fla. Stat. § 847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties
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(1) For purposes of this section:(a) “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.(b) “Transmit” means to send to a specific individual known by the defendant to be a minor via…
Fla. Stat. § 847.01385 Harmful communication to a minor
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(1) As used in this section, the term:(a) “Communication” means any verbal or written communication.(b) “Sexual activity” has the same meaning as in s. 800.04(1).(2) An adult who engages in a pattern of communication to a minor that includes explicit and detailed verbal descripti…
Fla. Stat. § 847.0139 Immunity from civil liability for reporting child pornography, transmission of child pornography, or any image, information, or data harmful to minors to a minor in this state
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Any person who reports to a law enforcement officer what the person reasonably believes to be child pornography, transmission of child pornography, or any image, information, or data that is harmful to minors to a minor in this state may not be held civilly liable for such report…
Fla. Stat. § 847.0141 Sexting; prohibited acts; penalties
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(1) A minor commits the offense of sexting if he or she knowingly:(a) Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in…
Fla. Stat. § 847.0145 Selling or buying of minors; penalties
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(1) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either:(a) With knowledge that, as a consequence of the sale or t…
Fla. Stat. § 847.0147 Obscene telephone service prohibited; penalty
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(1) It is unlawful for any telephone subscriber to sell, offer for sale, or transmit, over telephone lines, any obscene material or message described and promoted as “adult” and of a nature which is commonly understood to be for the purposes of sexually oriented entertainment.(2)…
Fla. Stat. § 847.02 Confiscation of obscene material
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Whenever anyone is convicted under s. 847.011, the court in awarding sentence shall make an order confiscating said obscene material and authorize the sheriff of the county in which the material is held to destroy the same. The sheriff shall file with the court a certificate of h…
Fla. Stat. § 847.03 Officer to seize obscene material
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Whenever any officer arrests any person charged with any offense under s. 847.011, the officer shall seize said obscene material and take the same into his or her custody to await the sentence of the court upon the trial of the offender.
Fla. Stat. § 847.06 Obscene matter; transportation into state prohibited; penalty
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(1) Whoever knowingly transports into the state or within the state for the purpose of sale or distribution any obscene book; magazine; periodical; pamphlet; newspaper; comic book; story; paper; written or printed story or article; writing; paper; card; picture; drawing; photogra…
Fla. Stat. § 847.07 Wholesale promotion of obscene materials; penalties
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(1) As used in this section, “wholesale promote” means to manufacture, issue, sell, provide, deliver, transfer, transmit, publish, distribute, circulate, or disseminate, or offer or agree to do the same, with or without consideration, for purposes of resale or redistribution.(2) …
Fla. Stat. § 847.08 Hearings for determination of probable cause
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Whenever an indictment, information, or affidavit is filed under the provisions of ss. 847.07-847.09, the state attorney or his or her duly appointed assistant may apply to the court for the issuance of an order directing the defendant or his or her principal agent or bailee or o…
Fla. Stat. § 847.09 Legislative intent
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(1) In order to make the application and enforcement of ss. 847.07-847.09 uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons over 17 years of age to harmf…
Fla. Stat. § 847.201 Obscene programming on cable television during promotional period unlawful; penalty; applicability
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(1) It is unlawful for any owner or operator of any cable television service to provide on any basic cable channel during a promotional “free weekend” or other advertising period obscene programming or programming otherwise unprotected by the Constitution of the United States.(2)…
Fla. Stat. § 847.202 Video movie; official rating of motion picture
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(1) As used in this section, the term:(a) “Official rating” means an official rating of the Motion Picture Association of America, and the Film Advisory Board, Inc., or any other official rating organization.(b) “Person” means an individual, corporation, partnership, or any other…