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F.S. 847.0138 on Google Scholar

F.S. 847.0138 on Casetext

Amendments to 847.0138


The 2019 Florida Statutes

Statutes updated from Official Statutes on: September 19, 2019
Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
F.S. 847.0138 Florida Statutes and Case Law
847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
(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. 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(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 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The provisions of this section do not apply to subscription-based transmissions such as list servers.

History.s. 5, ch. 2001-54; s. 8, ch. 2009-194.
F.S. 847.0138 on Google Scholar

F.S. 847.0138 on Casetext

Amendments to 847.0138


Arrestable Offenses / Crimes under Fla. Stat. 847.0138
Level: Degree
Misdemeanor/Felony: First/Second/Third

847.0138 2 - CRUELTY TOWARD CHILD - TRANSMIT INFO HARMFUL TO MINORS - F: T
847.0138 3 - CRUELTY TOWARD CHILD - OUT OF STATE TRANSMIT INFO HARMFUL TO MINORS - F: T


Civil Citations / Citable Offenses under S847.0138
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 847.0138.


Annotations, Discussions, Cases: