Florida · statute · Fla. Stat. ch. 847 · 26 active provisions
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 restrict admission only to adults, which has…
(1) It is the intent of the Legislature to change the term “child pornography” to the term “child sexual abuse material” throughout the Florida Statutes. Using the term “child sexual abuse material” represents the nature of the sexually abusive content, emphasizing that the child is a victim of such content. Changing t…
(1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child sexual abuse material shall:(a) Provide such images or movies to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Center for Missing and Exploited Ch…
(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 intent to sell, lend, give away, distribute…
(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 susceptible of examination by the defendant; a…
(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 reasonably susceptible of examination by the defe…
(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 reasonably susceptible of examination by the…
(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 printed story or article, writing paper, card,…
(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, shows, or exhibits any obscene material,…
(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 reproduces by other computerized means;(c) Knowin…
(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 sexual abuse material, and who suffers personal or psychological injury as a result of the production,…
(1) As used in this section, the term:(a) “Access credential” means any password, username, token, unique link, uniform resource locator (URL), hyperlink, or other data that enables a user to access a digital file or other data in cloud storage.(b) “Child sexual abuse material” has the same meaning as in s. 847.001.(c)…
(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 electronic mail.(2) Notwithstanding ss.…
(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 descriptions or narrative accounts of sexual acti…
Any person who reports to a law enforcement officer what the person reasonably believes to be child sexual abuse material, transmission of child sexual abuse material, 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 reporting. For purposes of…
(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 s. 847.001, and is harmful to minors, a…
(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 transfer, the minor will be portrayed in…
(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) Any person who violates the provisions…
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 his or her compliance.
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.
(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; photograph; motion picture film; figure; image;…
(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) Any person who knowingly wholesale promo…
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 other like person to produce the allegedl…
(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 harmful motion pictures, exhibitions, shows,…
(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) Any person who violates the provisions…