The 2023 Florida Statutes (including Special Session C)
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. . . possession of materials depicting sexual performance by a child (ten or more images), contrary to section 775.0847 . . . Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation of s. 827.071, s. 847.0135, s . . . Consequently, the plain language of sections 775.0847(2) and 827.071(5)(a) outlines a clear legislative . . . violation if the offender possesses ten or more images and the statutory criteria set forth in section 775.0847 . . . State , 198 So.3d 783 (Fla. 2d DCA 2016), section 775.0847 therefore does not require the State to limit . . .
. . . transmission of materials depicting sexual performance by a child in violation of sections 827.071(5) and 775.0847 . . .
. . . with 421 counts of aggravated possession of child pornography pursuant to sections 827.071(5)(a) and 775.0847 . . .
. . . . §§ 775.0847(2), 827.071(5)(a), Fla. Stat. (2015). After Mr. . . .
. . . See §§ 827.071(5)(a), 775.0847, Fla. Stat. (2012). We have jurisdiction. See Fla. R.App. . . . We write to discuss section 775.0847, the child pornography reclassification statute. . . . See §§ 827.071(5)(a), 775.0847. . . . Walsh’s offenses pursuant to section 775.0847(2) and (3): (2) A violation of s. 827.071 ... shall be . . . Section 775.0847 does not constrain the State’s charging discretion. . . .
. . . Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida . . .
. . . of child pornography, all of which are second-degree felonies pursuant to sections 827.071(5)(a) and 775.0847 . . . without the additional reclassification of the offense to a second-degree felony pursuant to section 775.0847 . . . that each listed charge and conviction is for a second-degree felony under sections 827.071(5)(a) and 775.0847 . . .
. . . to constructive possession is sufficient to support reclassification of the offenses under section 775.0847 . . . offenses were reclassified from second-degree felonies to first-degree felonies by virtue of section 775.0847 . . . RECLASSIFICATION UNDER SECTION 775.0847(2), FLORIDA STATUTES Jenrette-Smith also argues that the trial . . . his motion for judgment of acquittal as to the reclassification of his offenses pursuant to section 775.0847 . . . 827.013, and in the statute under which that offense was reclassified to a first-degree felony, section 775.0847 . . . RECLASSIFICATION UNDER SECTION 775.0847(2) The majority’s error in affirming Jen-rette-Smith’s convictions . . . The reclassification statute, section 775.0847(2), provides: (2) A violation of s. 827.071 ... shall . . . offenses based on the offender’s possession of ten or more “images of any form of child pornography.” § 775.0847 . . .
. . . See §§ 775.0847, 827.071(5), Fla. Stat. (2007). . . . Stelmack, 58 So.3d at 876 (emphasis omitted) (quoting § 827.071(l)(g)); accord § 775.0847(l)(f). . . . At its core, child pornography is "any image depicting a minor engaged in sexual conduct.” § 775.0847 . . .