Amendments to 847.0137

1. Smith v. State

   204 So. 3d 18 (Fla. 2016)   Cited 2 times

   Biller erred by applying the rule of lenity to section 847.0137 based on an unreasonably cramped reading of the statute. Smith correctly declined to apply the rule of lenity to section 847.0137.

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2. Smith v. State

   190 So. 3d 94 (Fla. Dist. Ct. App. 2015)   Cited 2 times

   That the Legislature intended the definition of “transmit” in section 847.0137(1)(b), Florida Statutes (2010), to be broader than merely purposely sending images to an individual can be gleaned from a comparison of the definition of “transmit” in section 847.0138, Florida Statutes. That section prohibits “[t]ransmission of material harmful to minors to a minor by electronic device or equipment[.]” In that statute, “transmit” is defined as “to send to a specific individual known by the defendant to be a minor via electronic mail.” § 847.0138(1)(b), Fla. Stat. (2010). Thus, where the Legislature wanted to restrict “transmission” to the act of sending something directly to an individual by e-mail, it knew how to define the term narrowly. It did not create such a narrow definition in section 847.0137(1)(b), Florida Statutes. Consequently, we see no need to apply the rule of lenity to section 847.0137. Kasischke v. State, 991 So.2d 803, 814–15 (Fla.2008) (noting that the rule of lenity is “a canon of last resort”).

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3. State v. Losada

   175 So. 3d 911 (Fla. Dist. Ct. App. 2015)   Cited 5 times

   We acknowledge that the plain meaning of the two statutes at issue here is ambiguous as to the Legislature's intent for the applicable unit of prosecution and we thus turn to the “a/any” test (which is in part responsible for the ambiguity). Sections 847.0137(2) and (3), Florida Statutes (2009), under which Appellee was charged, criminalize “transmitting child pornography.” Under section 847.001(3), “ ‘[c]hild pornography’ means any image depicting a minor engaged in sexual conduct” (emphasis added). Section 847.0137(1)(b), defines “transmit” as “the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device” (emphasis added).

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4. Jeror v. State

   313 So. 3d 178 (Fla. Dist. Ct. App. 2021)   Cited 1 times

   Section 847.0137(2), Florida Statutes (2017), provides that "any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree." (Emphasis added.) Transmit is defined as "the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device." § 847.0137(1)(b).

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5. In re Statewide Grand Jury #21

   No. SC22-796 (Fla. Jun. 29, 2022)

   (8) any violation of sections 847.0135, 847.0137, or 847.0138, Florida Statutes, relating to computer pornography and child exploitation prevention, or any offense related to a violation of sections 847.0135, 847.0137, or 847.0138 or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission;

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6. In re Standard Jury Instructions in Criminal Cases—Report No. 2014–07

   163 So. 3d 478 (Fla. 2015)   Cited 1 times

   § 847.0137(2) and (3), Fla. Stat.

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7. Gosling v. State

   No. 4D11-1251 (Fla. Dist. Ct. App. Jul. 25, 2012)

   excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and

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8. Gosling v. State

   97 So. 3d 287 (Fla. Dist. Ct. App. 2012)   Cited 1 times

   a. (I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and

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9. In re Statewide

   961 So. 2d 933 (Fla. 2007)

   (8) any violation of section 847.0135, Fla. Stat., section 847.0137, Fla. State., or section 847.0138, Fla. Stat., relating to computer pornography and child exploitation prevention, or any offense related to violations of section 847.0135, section 847.0137, or section 847.0138;
10. Statewide Grand Jury No.19

    32 So. 3d 59 (Fla. 2009)

    (8) any violations of sections 847.0135, 847.0137, or 847.0138, Fla. Stat., relating to computer pornography and child exploitation prevention, or any offense related to violations of sections 847.0135, 847.0137, or 847.0138, Fla. Stat., or any violation of chapter 827 where the crime is facilitated by or connected to the use of the Internet or any device capable of electronic data storage or transmission;