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F.S. 847.012 on Google Scholar

F.S. 847.012 on Casetext

Amendments to 847.012


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
F.S. 847.012 Florida Statutes and Case Law
847.012 Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty.—
(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; and
(b) The age of the minor.
(2) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for a violation of this section.
(3) A person may not knowingly sell, rent, or loan for monetary consideration to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors; or
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording that contains any matter defined in s. 847.001, explicit and detailed verbal descriptions or narrative accounts of sexual excitement, or sexual conduct and that is harmful to minors.
(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors.
(5) An adult may not knowingly distribute to a minor on school property, or post on school property, any material described in subsection (3). As used in this subsection, the term “school property” means the grounds or facility of any kindergarten, elementary school, middle school, junior high school, or secondary school, whether public or nonpublic. This subsection does not apply to the distribution or posting of school-approved instructional materials that by design serve as a major tool for assisting in the instruction of a subject or course by school officers, instructional personnel, administrative personnel, school volunteers, educational support employees, or managers as those terms are defined in s. 1012.01.
(6) Any person violating any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(7) Every act, thing, or transaction forbidden by this section constitutes a separate offense and is punishable as such.
(8)(a) The circuit court has jurisdiction to enjoin a violation of this section upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney requests a judge of such court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. The order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for the restraining order is to be made.
(c) The person sought to be enjoined is entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial.
(d) If a final decree of injunction is entered, it must contain a provision directing the defendant having the possession, custody, or control of the materials, matters, articles, or things affected by the injunction to surrender the same to the sheriff and requiring the sheriff to seize and destroy the same. The sheriff shall file a certificate of her or his compliance.
(e) In any action brought as provided in this section, a bond or undertaking may not be required of the state or the state attorney before the issuance of a restraining order provided for by paragraph (b), and the state or the state attorney may not be held liable for costs or for damages sustained by reason of the restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(f) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon her or him of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents and character thereof.
(9) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(10) This section does not apply to the exhibition of motion pictures, shows, presentations, or other representations regulated under s. 847.013.
History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 67-153; ss. 1, 2, ch. 69-41; s. 1054, ch. 71-136; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 1, ch. 83-77; s. 2, ch. 86-38; s. 3, ch. 86-238; s. 5, ch. 88-283; s. 1349, ch. 97-102; s. 3, ch. 2008-120; s. 1, ch. 2013-75.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”

Statutes updated from Official Statutes on: March 07, 2023
F.S. 847.012 on Google Scholar

F.S. 847.012 on Casetext

Amendments to 847.012


Arrestable Offenses / Crimes under Fla. Stat. 847.012
Level: Degree
Misdemeanor/Felony: First/Second/Third

847.012 - CONTRIB DELINQ MINOR - SELL DISTRIBUTE USE MINOR OBSCENE MATERIAL - F: T

Civil Citations / Citable Offenses under S847.012
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 847.012.

Annotations, Discussions, Cases:

  1. Reno v. American Civil Liberties Union

    521 U.S. 844 (1997)   Cited 950 times   10 Legal Analyses
    See, e.g., Ala. Code § 13A-12-200.5 (1994); Ariz. Rev. Stat. Ann. § 13-3506 (1989); Ark. Code Ann. § 5-68-502 (1993); Cal. Penal Code Ann. § 313.1 (West Supp. 1997); Colo. Rev. Stat. § 18-7-502(1) (1986); Conn. Gen. Stat. § 53a-196 (1994); Del. Code Ann., Tit. 11, § 1365(i)(1) (1995); D.C. Code Ann. § 22-2001(b)(1)(A) (1996); Fla. Stat. § 847.012 (1994); Ga. Code Ann. § 16-12-103(a) (1996); Haw. Rev. Stat. § 712-1215(1) (1994); Idaho Code § 18-1515(1) (1987); Ill. Comp. Stat., ch. 720, § 5/11-21 (1993); Ind. Code § 35-49-3-3(1) (Supp. 1996); Iowa Code § 728.2 (1993); Kan. Stat. Ann. § 21-4301c(a)(2) (1988); La. Rev. Stat. Ann. § 14:91.11(B) (West 1986); Md. Ann. Code, Art. 27, § 416B (1996); Mass. Gen. Laws, ch. 272, § 28 (1992); Minn. Stat. § 617.293 (1987 and Supp. 1997); Miss. Code Ann. § 97-5-11 (1994); Mo. Rev. Stat. § 573.040 (1995); Mont. Code Ann. § 45-8-206 (1995); Neb. Rev. Stat. § 28-808 (1995); Nev. Rev. Stat. §§ 201.265(1), (2) (1997); N. H. Rev. Stat. Ann. § 571-B:2(I) (1986); N.M. Stat. Ann. § 30-37-2 (1989); N.Y. Penal Law § 235.21(1) (McKinney 1989); N.C. Gen. Stat. § 14-190.15(a) (1993); N. D. Cent. Code § 12.1-27.1-03 (1985 and Supp. 1995); Ohio Rev…
    PAGE 888

  2. U.S. v. Maupin

    520 F.3d 1304 (11th Cir. 2008)   Cited 58 times
    The Government filed a notice of sentencing enhancement. In the notice, the Government stated Maupin was convicted in 1991 of possession of child pornography, in violation of Section 847.012 of the Florida Statutes. The Government noted the state court withheld adjudication and sentenced Maupin to five years' probation. Based on this previous conviction, the Government intended to seek enhancement of his sentence pursuant to 18 U.S.C. § 2252A(b)(1) and (b)(2).
    PAGE 1305

  3. State v. Ingram

    170 So. 3d 727 (Fla. 2015)
    A public employee or officer who has access to a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly disclose videotaped information that reveals the minor's identity to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 119.071(2)(j)2.b., Fla. Stat.
    PAGE 729

  4. Thompson v. Oklahoma

    487 U.S. 815 (1988)   Cited 464 times   11 Legal Analyses
    Ala. Ala. Code § 13A-12-170(1) (Supp. 1987) Alaska [No legislation] Ariz. Ariz. Rev. Stat. Ann. § 13-3506 (Supp. 1987) Ark. Ark. Code Ann. §§ 5-68-501, 5-68-502 (1987) Cal. Cal. Penal Code Ann. § 313.1 (West 1988) Colo. Colo. Rev. Stat. § 18-7-502 (1986) Conn. Conn. Gen. Stat. § 53a-196 (1985) Del. Del. Code Ann., Tit. 11, § 1361(b) (1987) D.C. D.C. Code § 22-2001(b) (1981) Fla. Fla. Stat. § 847.012 (1987) Ga. Ga. Code Ann. § 16-12-103 (1984) Haw. Haw. Rev. Stat. § 712-1215 (1985) Idaho Idaho Code § 18-1513 (1987) Ill. Ill. Rev. Stat., ch. 38, ¶ 11-21 (1987) Ind. Ind. Code § 35-49-3-3 (Supp. 1987) Iowa Iowa Code § 728.2 (1987) Kan. Kan. Stat. Ann. § 21-4301a (Supp. 1987) Ky. Ky. Rev. Stat. § 531-030 (1985) La. La. Rev. Stat. Ann. § 14:91.11 (West 1986) Me. Me. Rev. Stat. Ann., Tit. 17, § 2911 (1983 and Supp. 1987-1988) Md. Md. Ann. Code, Art. 27, § 419 (1987) Mass. Mass. Gen. Laws § 272:28 (1986) Mich. Mich. Comp. Laws § 750.142 (1979) Minn. Minn. Stat. § 617.293 (1986) Miss. Miss. Code Ann. § 97-5-27 (Supp. 1987) Mo. Mo. Rev. Stat. § 573.040 (Supp. 1987) Mont. Mont. Code Ann. § 45-8-201 (1987) Neb. Neb. Rev. Stat. § 28-808 (1985) Nev. Nev. Rev. Stat. § 201.265 (1987) N…
    PAGE 846

  5. Simmons v. State

    944 So. 2d 317 (Fla. 2006)   Cited 26 times
    (3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    PAGE 325

  6. Munoz v. State

    629 So. 2d 90 (Fla. 1993)   Cited 123 times
    Manuel Munoz, the owner of "Video Den," was charged with two counts of sale or distribution of harmful materials to a person under 18 years of age, in violation of section 847.012, Florida Statutes (1989). The record reflects that those charges stemmed from the following sequence of events.
    PAGE 100

  7. Alexander v. State

    290 So. 3d 65 (Fla. Dist. Ct. App. 2020)
    (2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree ....
    PAGE 67

  8. Bowden v. State

    402 So. 2d 1173 (Fla. 1981)   Cited 27 times
    22. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and profanity.
    PAGE 1175

  9. Simmons v. State

    886 So. 2d 399 (Fla. Dist. Ct. App. 2004)   Cited 9 times
    (3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual know by the defendant to be a minor in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
    PAGE 402

  10. State v. Glassman

    414 So. 2d 204 (Fla. Dist. Ct. App. 1982)
    The defendant was indicted on several counts of selling "harmful" material depicting sexual conduct, to a juvenile contrary to Section 847.012(1), (2), Florida Statutes (1979). He filed a motion to dismiss stating it was actually his employee who sold the material and he did not authorize her to do so. The State filed a traverse denying this allegation.
    PAGE 205