Florida Statute 775.0847 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.0847

775.0847 Possession or promotion of certain images of child pornography; reclassification.—

(1) For purposes of this section:

(a) “Child” or “minor” means any person, whose identity is known or unknown, younger than 18 years of age.

(b) “Child pornography” means:

1. Any image depicting a minor engaged in sexual conduct; or

2. Any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.

(d) “Identifiable minor” means a person:

1. Who was a minor at the time the image was created, altered, adapted, or modified, or whose image as a minor was used in the creating, altering, adapting, or modifying of the image; and

2. Who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.

The term may not be construed to require proof of the actual identity of the identifiable minor.

(e) “Sadomasochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.

(f) “Sexual battery” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

(g) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals of the other.

(h) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”

(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if:

(a) The offender possesses 10 or more images of any form of child pornography regardless of content; and

(b) The content of at least one image contains one or more of the following:

1. A child who is younger than the age of 5.

2. Sadomasochistic abuse involving a child.

3. Sexual battery involving a child.

4. Sexual bestiality involving a child.

5. Any motion picture, film, video, or computer-generated motion picture, film, or video involving a child, regardless of length and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.

(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.

(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.—s. 3, ch. 2007-143; s. 3, ch. 2022-165; s. 1, ch. 2022-212.

F.S. 775.0847 on Google Scholar

F.S. 775.0847 on Casetext

Amendments to 775.0847

Arrestable Offenses / Crimes under Fla. Stat. 775.0847

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0847 2 - OBSCENE MATERIAL-POSSESS - POSSESS 10 OR MORE CHILD PORN IMAGE F3 OFFENSE - F: S

S775.0847 2 - OBSCENE MATERIAL-POSSESS - POSSESS 10 OR MORE CHILD PORN IMAGE F2 OFFENSE - F: F

Annotations, Discussions, Cases:

Cases Citing Statute 775.0847

Total Results: 17

STATE OF FLORIDA v. JASON LUIS DOMENECH

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: Pornography in violation of sections 827.071(5) and 775.0847, Florida Statutes (2021). Mr. Domenech filed

STATE OF FLORIDA v. JASON LUIS DOMENECH

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-09T00:00:00-08:00

Snippet: Pornography in violation of sections 827.071(5) and 775.0847, Florida Statutes (2021). Mr. Domenech filed

JEFFERY GESKE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: motion prior to sentencing, argues that sections 775.0847(2) and 827.071(5)(a), Florida Statutes (2019),…counts could be reclassified pursuant to section 775.0847(2). But he disagrees …meaning of the reclassification provision in section 775.0847(2) differently, resulting in a dispute over how

LAFE TRAVIS BEST vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-26T00:00:00-07:00

Snippet: §§ 794.011(2)(a), 777.04(3), 827.071(5), 775.0847(2), (3), Florida Statutes (2018), respectively

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 1088

Snippet: child (ten or more images), contrary to section 775.0847(2) and (3)(a), Florida Statutes (2014), a second-degree…), Fla. Stat. (2014) (emphasis added). Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation…. Consequently, the plain language of sections 775.0847(2) and 827.071(5)(a) outlines a clear legislative…and the statutory criteria set forth in section 775.0847(2)(b) are satisfied. See also State v. Farnham…State , 198 So.3d 783 (Fla. 2d DCA 2016), section 775.0847 therefore does not require the State to limit

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 1088

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 260 So. 3d 1156

Snippet: child in violation of sections 827.071(5) and 775.0847(2) - (3), Florida Statutes (2009).1 Losada was

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 260 So. 3d 1156

Snippet: child in violation of sections 827.071(5) and 775.0847(2) - (3), Florida Statutes (2009).1 Losada was

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-25T23:53:00-08:00

Snippet: child in violation of sections 827.071(5) and 775.0847(2)-(3), Florida Statutes (2009).1 1 Losada

Aivaras Mardosas v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: pornography pursuant to sections 827.071(5)(a) and 775.0847(2), Florida Statutes (2014). Appellant filed a

Dickie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-08T00:00:00-08:00

Citation: 216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

Snippet: least one of which involved a movie of a child. §§ 775.0847(2), 827.071(5)(a), Fla. Stat. (2015). After Mr

Walsh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-04T00:00:00-08:00

Citation: 198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

Snippet: Section 775.0847 does not constrain the State’s charging discretion. Rather, section 775.0847 allows the… pornography. See §§ 827.071(5)(a), 775.0847, Fla. Stat. (2012). We have jurisdiction. …raised by Mr. Walsh. We write to discuss section 775.0847, the child pornography reclassification statute…number 2D14-4920. See §§ 827.071(5)(a), 775.0847. Although the plea involved 170 images of child…reclassified Mr. Walsh’s offenses pursuant to section 775.0847(2) and (3): (2) A violation of s. 827.071

Matthew Taby v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 181 So. 3d 547, 2015 Fla. App. LEXIS 17902

Snippet: questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance

Wingo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-22T00:00:00-07:00

Citation: 162 So. 3d 1141, 2015 Fla. App. LEXIS 5810, 2015 WL 1810363

Snippet: felonies pursuant to sections 827.071(5)(a) and 775.0847(2) and (3), Florida Statutes (2012), when the … to a second-degree felony pursuant to section 775.0847(2) and (3). The information, the plea form, and…second-degree felony under sections 827.071(5)(a) and 775.0847(2) and (3). See McMullen v. State,

Jenrette-Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-31T00:00:00-07:00

Citation: 114 So. 3d 427, 2013 WL 2360921, 2013 Fla. App. LEXIS 8580

Snippet: reclassification of the offenses under section 775.0847(2). Finally, I agree that the trial court did

Parker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-28T00:00:00-07:00

Citation: 81 So. 3d 451, 2011 Fla. App. LEXIS 15255, 2011 WL 4467635

Snippet: sentences for possession of child pornography. See §§ 775.0847, 827.071(5), Fla. Stat. (2007). More specifically…emphasis omitted) (quoting § 827.071(l)(g)); accord § 775.0847(l)(f). We determined in Stelmack that the only…depicting a minor engaged in sexual conduct.” § 775.0847(l)(b). . In ruling on the motion to dismiss,

Bradley v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-15T23:53:00-08:00

Citation: 540 So. 2d 185

Snippet: [2] See e.g., §§ 775.084, 775.0845, 775.0846, 775.0847, 784.07 and 812.13, Fla. Stat. [3] Degree elements