Florida Statutes
Fla. Stat. § 775.0847 (2025)
Possession or promotion of certain images of child pornography; reclassification.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
(c) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(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.
Arrestable Offenses under F.S. 775.0847
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§775.0847(2)OBSCENE MATERIAL-POSSESSPOSSESS 10 OR MORE CHILD PORN IMAGE F3 OFFENSE
§775.0847(2)OBSCENE MATERIAL-POSSESSPOSSESS 10 OR MORE CHILD PORN IMAGE F2 OFFENSE
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 2011–2025 · leading case: Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016).
Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016). “We write to discuss section 775.0847, the child pornography reclassification statute.”
Parker v. State, 81 So. 3d 451 (Fla. 2d DCA 2011). “See §§ 775.0847, 827.071(5), Fla. Stat. (2007).”
Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “§§ 775.0847(2), 827.071(5)(a), Fla. Stat.”
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013). “013, and in the statute under which that offense was reclassified to a first-degree felony, section 775.0847. The majority’s decision to affirm the convictions and reclassifica-tions violates the legislative directive as to the construction of those statutes and it conflicts…”
Wingo v. State, 162 So. 3d 1141 (Fla. 2d DCA 2015). “071(5)(a), without the additional reclassification of the offense to a second-degree felony pursuant to section 775.0847(2) and (3). The information, the plea form, and the transcript of the plea hearing reflect that Wingo was charged with and entered pleas exclusively to…”
Jeffery Geske v. State of Florida (Fla. 2d DCA 2024). “Notably, in his response, Geske agrees that each of the forty counts could be reclassified pursuant to section 775.0847(2). But he disagrees 11 that the charging document reflects that each of the forty counts involved more than one image.”
Masson v. Sec'y, Dep't of Corr. (Hillsborough Cnty.) (M.D. Fla. 2024). “” Fla. Stat. § 775.0847 (2) (2016). The information in Masson’s case “track[ed] the wording of the[se] statute[s]” and “set[] forth the essential elements of the crime.”
Matthew Taby v. State of Florida, 181 So. 3d 547 (Fla. 4th DCA 2015). “Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance of the trial court is appropriate pursuant to Leonard v.”
Dickie v. Sec'y, Dep't of Corr. (Sarasota Cnty.) (M.D. Fla. 2025). “§§ 775.0847(2) and 827.071(5), Fla. Stat.”
Dalrymple v. Sec'y, Dep't of Corr. (Sarasota) (M.D. Fla. 2025). “Dalrymple was charged with 40 counts of possession of child pornography under §§ 775.0847(2) and 827.071(5), Fla. Stat.”
— 775.0847(2) — 10 cases
Walsh v. State, 198 So. 3d 783 (Fla. 2d DCA 2016). “We write to discuss section 775.0847, the child pornography reclassification statute.”
Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “§§ 775.0847(2), 827.071(5)(a), Fla. Stat.”
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013). “013, and in the statute under which that offense was reclassified to a first-degree felony, section 775.0847. The majority’s decision to affirm the convictions and reclassifica-tions violates the legislative directive as to the construction of those statutes and it conflicts…”
— 775.0847(2)(a) — 1 case
Jenrette-Smith v. State, 114 So. 3d 427 (Fla. 2d DCA 2013). “013, and in the statute under which that offense was reclassified to a first-degree felony, section 775.0847. The majority’s decision to affirm the convictions and reclassifica-tions violates the legislative directive as to the construction of those statutes and it conflicts…”
— 775.0847(2)(b) — 2 cases
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
Taylor v. State, 267 So. 3d 1088 (Fla. 5th DCA 2019). “2d DCA 2016), section 775.0847 therefore does not require the State to limit the charges to one offense per ten images in order to reclassify, and the State may instead charge the possession of each image as a separate second-degree felony.”
— 775.0847(l)(b) — 1 case
Parker v. State, 81 So. 3d 451 (Fla. 2d DCA 2011). “See §§ 775.0847, 827.071(5), Fla. Stat. (2007).”
— 775.0847(l)(f) — 1 case
Parker v. State, 81 So. 3d 451 (Fla. 2d DCA 2011). “See §§ 775.0847, 827.071(5), Fla. Stat. (2007).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.