The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.071

827.071 Sexual performance by a child; child pornography; penalties.—

(1) As used in this section, the following definitions shall apply:

(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) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.

(d) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.

(e) “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.

(f) “Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation over any period of time.

(g) “Performance” means any play, motion picture, photograph, or dance or any other visual representation exhibited before an audience.

(h) “Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, transmute, publish, distribute, circulate, disseminate, present, exhibit, send, post, share, or advertise or to offer or agree to do the same.

(i) “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 from inflicting harm on another or receiving such harm oneself.

(j) “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.

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

(l) “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.”

(m) “Sexual performance” means any performance or part thereof which includes sexual conduct by a child.

(n) “Simulated” means the explicit depiction of conduct set forth in ¹paragraph (l) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

(2) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he or she produces, directs, or promotes any performance which includes sexual conduct by a child. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It is unlawful for any person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes child pornography. The possession of three or more copies of such photograph, motion picture, representation, or presentation is prima facie evidence of an intent to promote. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)(a) It is unlawful for any person to knowingly possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include child pornography. The possession, control, or intentional viewing of each such photograph, motion picture, exhibition, show, image, data, computer depiction, representation, or presentation is a separate offense. If such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation includes child pornography depicting more than one child, then each such child in each such photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that is knowingly possessed, controlled, or intentionally viewed is a separate offense. A person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Paragraph (a) does not apply to any material possessed, controlled, or intentionally viewed as part of a law enforcement investigation.

(6) Prosecution of a person for an offense under this section does not preclude prosecution of that person in this state for a violation of any other law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.

History.—s. 4, ch. 83-75; s. 1, ch. 85-273; s. 1, ch. 86-38; s. 1, ch. 91-33; s. 1, ch. 92-83; s. 1283, ch. 97-102; s. 1, ch. 2001-54; s. 4, ch. 2007-143; s. 15, ch. 2011-220; s. 3, ch. 2012-19; s. 9, ch. 2022-165; s. 3, ch. 2022-212.

¹Note.—The cross-reference was revised by the editors, incident to compiling the 2022 Florida Statutes, as a result of meshing amendments by s. 9, ch. 2022-165, and s. 3, ch. 2022-212.

F.S. 827.071 on Google Scholar

F.S. 827.071 on Casetext

Amendments to 827.071

Arrestable Offenses / Crimes under Fla. Stat. 827.071

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

S827.071 2 - CRUELTY TOWARD CHILD - USE OR ALLOW CHILD TO ENGAGE IN SEX - F: S

S827.071 3 - CRUELTY TOWARD CHILD - DIRECT PROMOTE SEXUAL PERFORMANCE BY CHILD - F: S

S827.071 4 - OBSCENE MATERIAL-POSSESS - POSS PROMOTE PRESENT DEPICT CHILD PORNOGRAPHY - F: S

S827.071 5 - OBSCENE MATERIAL-POSSESS - RENUMBERED. SEE REC # 9761 - F: T

S827.071 5a - OBSCENE MATERIAL-POSSESS - POSS CONTROL VIEW DEPICTION CHILD PORNOGRAPHY - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

CARABALLO, v. STATE, 275 So. 3d 1281 (Fla. App. Ct. 2019)

. . . intentional viewing of materials depicting a sexual performance by a child in violation of section 827.071 . . . See § 827.071(1)(h)-(i), Fla. Stat. (2017). . . .

MALLET, v. STATE, 270 So. 3d 1282 (Fla. App. Ct. 2019)

. . . Mallet was charged under section 827.071(5), Florida Statutes (2010), with one hundred seventeen counts . . . He was also charged under 827.071(4), Florida Statutes (2010), with two counts of possession of images . . . Mallet moved to the dismiss the charges brought under section 827.071(4), arguing that he could not be . . . ) and section 827.071(5) (the possession statute). . . . See § 827.071(4), (5), Fla. Stat. (2010). . . .

BERBEN, v. STATE, 268 So. 3d 235 (Fla. App. Ct. 2019)

. . . possessing, controlling, or intentionally viewing images depicting child pornography under section 827.071 . . . disseminating) or possessing with the intent to promote, any of the images found on his computer. § 827.071 . . . Corrections, the average sentence length for the roughly 600 inmates serving time for violating section 827.071 . . .

L. TAYLOR, v. STATE, 267 So. 3d 1088 (Fla. App. Ct. 2019)

. . . To that end, section 827.071(5)(a), Florida Statutes (2014), makes it unlawful for any person "to knowingly . . . Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation of s. 827.071, s. 847.0135, s . . . Consequently, the plain language of sections 775.0847(2) and 827.071(5)(a) outlines a clear legislative . . . Read together, those sections authorize a separate charge for each violation of section 827.071(5) and . . . Id. at 785 (noting that because section 827.071(5)(a) provides possession of each image is a separate . . .

STATE v. WALK,, 267 So. 3d 437 (Fla. App. Ct. 2019)

. . . Stat. (2015) (for probationers who are placed under supervision for violation of section 827.071, one . . .

LOSADA, v. STATE, 260 So. 3d 1156 (Fla. App. Ct. 2018)

. . . possession and transmission of materials depicting sexual performance by a child in violation of sections 827.071 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . Give if applicable. § 827.071(1)(h), Fla. Stat. . . . . § 827.071(1)(e), Fla. Stat. . . . . § 827.071(1)(f), Fla. Stat. . . . . § 827.071(1)(j), Fla. Stat. . . . . § 827.071(1)(b), Fla. Stat. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 257 So. 3d 370 (Fla. 2018)

. . . (e) and 827.071(g), respectively. . . . Union means contact. § 827.071( d e ) and § 847.001(13) ,Fla. Stat. . . . . § 827.071( f g ) and § 847.001(15) ,Fla. Stat. . . . "An object" includes a finger. § 847.001(13) 827.071(e),Fla. Stat. . . . . § 847.001(15) 827.071(g),Fla. Stat. . . .

MARDOSAS, v. STATE, 257 So. 3d 540 (Fla. App. Ct. 2018)

. . . charged by Information with 421 counts of aggravated possession of child pornography pursuant to sections 827.071 . . .

TAPLIN, v. STATE, 254 So. 3d 1137 (Fla. App. Ct. 2018)

. . . (c) Has previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 . . .

FILIPKOWSKI, v. STATE, 252 So. 3d 278 (Fla. App. Ct. 2018)

. . . Stat. (2008, 2009, and 2010); §§ 827.071(5)(a), 847.0135(3), Fla. Stat. (2011). . . .

LEVANDOSKI, v. STATE, 245 So. 3d 643 (Fla. 2018)

. . . certain enumerated sex offenses: those convicted of a violation of chapter 794, or sections 800.04, 827.071 . . .

FRANDI, v. STATE, 244 So. 3d 1180 (Fla. App. Ct. 2018)

. . . and was adjudicated guilty of 19 counts of possession of child pornography in violation of section 827.071 . . . convicted" of a current offense that is a felony violation of an enumerated statute (such as section 827.071 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 182 (Fla. 2018)

. . . Give as applicable. § 827.071(1)(a), Fla. Stat. . . . . § 827.071(1)(e), Fla. Stat. . . . . § 827.071(1)(f), Fla. Stat. . . . . § 827.071(1)(g), Fla. Stat. . . . . § 827.071(1)(j), Fla. Stat. . . .

KOVALSKY, v. STATE, 220 So. 3d 1192 (Fla. Dist. Ct. App. 2017)

. . . Appellant by information with 187 counts of knowingly possessing child pornography contrary to section 827.071 . . .

J. ACEVEDO, v. STATE, 218 So. 3d 878 (Fla. 2017)

. . . 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071 . . . 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071 . . . section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section 827.071 . . . section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825,1025(2) or (3); section 827.071 . . . disabled person, section 825.1025, Florida Statutes (2005); • Sexual performance by a child, section 827.071 . . .

DICKIE, v. STATE, 216 So. 3d 35 (Fla. Dist. Ct. App. 2017)

. . . . §§ 775.0847(2), 827.071(5)(a), Fla. Stat. (2015). After Mr. . . .

DOE v. MIAMI- DADE COUNTY, FLORIDA, 846 F.3d 1180 (11th Cir. 2017)

. . . 943.0435, Florida Statutes. (11) “Sexual offense” means a conviction under Section 794.011, 800.04, 827.071 . . . 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 . . .

GOSLING, v. STATE, 205 So. 3d 860 (Fla. Dist. Ct. App. 2016)

. . . 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071 . . .

ROBINSON, v. STATE, 205 So. 3d 584 (Fla. 2016)

. . . in Count 1, a second-degree felony, with promoting sexual conduct by a child in violation of section 827.071 . . . presentation, to-wit, video or images, which included sexual conduct by a child in violation of section 827.071 . . . The Information charging violations of section 827.071, Florida Statutes, was subsequently filed on July . . .

DOE v. MIAMI- DADE COUNTY,, 838 F.3d 1050 (11th Cir. 2016)

VILLANUEVA, v. STATE, 200 So. 3d 47 (Fla. 2016)

. . . after October 1,1995, and who are placed under supervision for violation of chapter 791, s. 800.01, s. 827.071 . . . after October 1, 1995, and who are placed under supervision for violation of chapter 79k, s. 800.0k, s. 827.071 . . .

SENGER, v. STATE, 200 So. 3d 137 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

SALERNO, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 646 F. App'x 757 (11th Cir. 2016)

. . . . § 827.071(2). . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . See §§ 827.071(5)(a), 775.0847, Fla. Stat. (2012). We have jurisdiction. See Fla. R.App. . . . See §§ 827.071(5)(a), 775.0847. . . . Section 827.071(5)(a) makes it unlawful for any person to knowingly possess, control, or intentionally . . . Walsh’s offenses pursuant to section 775.0847(2) and (3): (2) A violation of s. 827.071 ... shall be . . . Under section 827.071(5)(a), “[t]he possession ... of each such ... image ... is a separate offense.” . . .

UNITED STATES v. A. SPARKS, v., 806 F.3d 1323 (11th Cir. 2015)

. . . . § 827.071. . . . Stat. § 827.071(5)(a) provides, "It is unlawful for any person to knowingly possess, control, or intentionally . . . Slat. § 827.071(l)(h) . . . .

TABY, v. STATE, 181 So. 3d 547 (Fla. Dist. Ct. App. 2015)

. . . from us on the appeal would leave the defendant subject to prosecution of the charges under section 827.071 . . .

HUGHES, v. STATE, 177 So. 3d 689 (Fla. Dist. Ct. App. 2015)

. . . the appellant “was charged with twenty-three counts of possession of child pornography under section 827.071 . . . On appeal, this Court reversed the sentence because the maximum penalty for a violation of section 827.071 . . .

STATE v. LOSADA,, 175 So. 3d 911 (Fla. Dist. Ct. App. 2015)

. . . The statutes at issue are similar to an earlier version of a related statute, section 827.071. . . . State, 563 So.2d 1095 (Fla. 4th DCA 1990), we applied the “a/any” test to construe section 827.071(5) . . . State, 82 So.3d 118 (Fla. 4th DCA 2012): ... the Legislature amended section 827.071 to punish possession . . .

PARDUE, v. STATE, 176 So. 3d 340 (Fla. Dist. Ct. App. 2015)

. . . The plain language of section 827.071(5)(a), Florida Statutes, demonstrates that the legislature intends . . . In contrast, section 827.071(4), Florida Statutes (2012), governing possession of child pornography with . . . However, while section 827.071(4) prohibits possession with intent to promote “any” depiction, section . . . 827.071(5)(a) prohibits “a” depiction and “each” depiction. . . . image could constitute multiple offenses if it depicts sexual conduct involving more than one child. § 827.071 . . .

COTTON, v. STATE, 176 So. 3d 310 (Fla. Dist. Ct. App. 2015)

. . . 794.011, excluding s. 794.011(10), • s. 794.05, former s. 796.03, former s. 796.035, s. 800.04, s. 827.071 . . .

HOLT, v. STATE, 173 So. 3d 1079 (Fla. Dist. Ct. App. 2015)

. . . In 2007, as part of the same bill, the Legislature amended sections 827.071 and 847.0135 to include the . . . This language referred to the amendment to section 827.071 (relating to sexual perform-anee of a child . . .

DOE I, v. CITY OF PALM BAY,, 169 So. 3d 1211 (Fla. Dist. Ct. App. 2015)

. . . is not the victim’s parent; or, Sections 794.011(2), (3), (4), (5), or (8), 794'.05, 796.03, 800.04, 827.071 . . .

STATE v. INGRAM,, 170 So. 3d 727 (Fla. 2015)

. . . sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071 . . . sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 163 So. 3d 478 (Fla. 2015)

. . . . § 827.071(d) and §—847.001(13), Fla. Stat. . . . . § 827.071(f) and § —847.001(15), Fla. Stat. . . .

C. WINGO, v. STATE, 162 So. 3d 1141 (Fla. Dist. Ct. App. 2015)

. . . counts of possession of child pornography, all of which are second-degree felonies pursuant to sections 827.071 . . . indicates that every other count of the information was charged as a third-degree felony under section 827.071 . . . accurately reflect that each listed charge and conviction is for a second-degree felony under sections 827.071 . . .

GUEVARA- VILCA, v. STATE, 189 So. 3d 815 (Fla. Dist. Ct. App. 2015)

. . . law-enforcement discovered all the images in one search, they supported only one conviction under section 827.071 . . .

M. COCKING, v. STATE, 154 So. 3d 1198 (Fla. Dist. Ct. App. 2015)

. . . of photographs depicting sexual conduct by a child with intent to promote, in violation of section 827.071 . . . Section 827.071(4) makes it “unlawful for any person to possess with the intent to promote any photograph . . . for failing to move to dismiss all but one of the forty-five counts alleging a violation of section 827.071 . . . In Parrella, the State appealed the trial court’s dismissal of three of the four counts of section 827.071 . . . trial counsel’s failure to move to dismiss all but one of the forty-five counts of violation of section 827.071 . . .

F. MOHAMMED, v. STATE, 149 So. 3d 725 (Fla. Dist. Ct. App. 2014)

. . . committed on or after October 1, 1995, and who are placed' under supervision for violation of ... s. 827.071 . . .

STATE v. A. MOSLEY,, 149 So. 3d 684 (Fla. 2014)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . .

J. CHESSER, v. STATE, 148 So. 3d 497 (Fla. Dist. Ct. App. 2014)

. . . nine counts of possession of photographs depicting sexual conduct by a child with intent to promote, § 827.071 . . . Stat. (2005), and to sixty counts of possession of child pornography, § 827.071(5). . . . Counts one through nine were the charges of possession with intent to promote, § 827.071(4). . . . Section 827.071(4) provides: It is unlawful for any person to possess with the intent to promote any . . . See § 827.071(4); 775.082(3)(c). . . .

RAMIREZ, v. STATE, 133 So. 3d 648 (Fla. Dist. Ct. App. 2014)

. . . 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071 . . .

STATE v. A. FUREMAN,, 161 So. 3d 403 (Fla. Dist. Ct. App. 2014)

. . . after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071 . . .

HARTZOG, v. STATE, 133 So. 3d 570 (Fla. Dist. Ct. App. 2014)

. . . photographing children in partial stages of undress in sexually suggestive poses in violation of section 827.071 . . .

ANDREWS, v. STATE, 130 So. 3d 788 (Fla. Dist. Ct. App. 2014)

. . . That case involved section 827.071(5), Florida Statutes (1989), which prohibited possession of a motion . . . depicting sexual conduct by a child, the term “sexual conduct” being specifically defined in section 827.071 . . . performing other acts of feminine hygiene” did not amount to “sexual conduct” within the meaning of section 827.071 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 720 (Fla. 2013)

. . . 16.11 [POSSESSION] [CONTROL] [INTENTIONAL VIEWING] OF MATERIAL INCLUDING SEXUAL CONDUCT BY A CHILD § 827.071 . . . Offenses [POSSESSION] [CONTROL] [INTENTIONAL VIEWING] OF MATERIAL INCLUDING SEXUAL CONDUCT BY A CHILD— § 827.071 . . .

STATE v. G. DEBAUN,, 129 So. 3d 1089 (Fla. Dist. Ct. App. 2013)

. . . Stat. (2013) (criminalizing incest between related persons); § 827.071, Fla. . . .

BARRITT, v. STATE, 123 So. 3d 149 (Fla. Dist. Ct. App. 2013)

. . . See §§ 827.071(4) and (5), Fla. Stat. (2006). . . .

WILKES, v. STATE, 123 So. 3d 632 (Fla. Dist. Ct. App. 2013)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5); within 3 years . . .

VILLANUEVA, v. STATE, 118 So. 3d 999 (Fla. Dist. Ct. App. 2013)

. . . probation conditions for those "placed under supervision for violation of chapter 794, s. 800.04, s. 827.071 . . .

GODWIN, v. STATE, 116 So. 3d 1280 (Fla. Dist. Ct. App. 2013)

. . . Godwin was charged with twenty-three counts of possession of child pornography in violation of section 827.071 . . . On appeal, Godwin correctly argues that his sentence is illegal because a violation of section 827.071 . . .

FELDER, v. STATE, 116 So. 3d 605 (Fla. Dist. Ct. App. 2013)

. . . 787.025(2)(c); s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.0125(2) or (3); s. 827.071 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION A, 116 So. 3d 1223 (Fla. 2013)

. . . section 794.011(2), (3), (4), (5), or (8); section 800.04(4) or (5); section 825.1025(2) or (3); section 827.071 . . . violating sections 787.025(2)(c), 794.011(2), (3), (4), (5), or (8), 800.04(4) or (5), 825.1025(2) or (3), 827.071 . . .

JENRETTE- SMITH, v. STATE, 114 So. 3d 427 (Fla. Dist. Ct. App. 2013)

. . . convictions on fourteen counts of promoting a sexual performance by a child in violation of section 827.071 . . . convicted under section 827.071(3), arguing that the State failed to prove the “performance” element . . . Section 827.071(l)(b) defines the term “performance” for purposes of section 827.071 as “any play, motion . . . In doing so, Jen-rette-Smith relied solely on the language of section 827.071(l)(b). . . . That statute provides: (2) A violation of s. 827.071 ... shall be reclassified to the next higher degree . . . 761 So.2d 1210 (Fla. 2d DCA 2000), I concur in the decision to affirm the convictions under section 827.071 . . . CONVICTIONS UNDER SECTION 827.071(3) Vis-a-vis the offense of promoting a sexual performance by child . . . In section 827.071(l)(b), “performance” is said to mean “any play, motion picture, photograph, or dance . . . “Florida courts have uniformly construed section 827.071 to permit a conviction even where the video . . . Contrary to Bishop’s assertion that Florida’s courts have “uniformly construed” section 827.071(l)(b) . . . The reclassification statute, section 775.0847(2), provides: (2) A violation of s. 827.071 ... shall . . .

DRISCOLL, v. STATE, 111 So. 3d 945 (Fla. Dist. Ct. App. 2013)

. . . after October 1, 1995, and who are placed under supervision for violation of chapter 794, s. 800.04, s. 827.071 . . .

BILLER, v. STATE, 109 So. 3d 1240 (Fla. Dist. Ct. App. 2013)

. . . erred in denying his motion to dismiss the charges of possession of child pornography because section 827.071 . . .

MARTINEZ, v. STATE, 111 So. 3d 915 (Fla. Dist. Ct. App. 2013)

. . . (a) Was or will be convicted or adjudicated delinquent of a violation of s. 794.011, s. 800.04, s. 827.071 . . . , or s. 847.0135(5) or the person committed a violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0135 . . . (2) If a person meets the criteria in subsection (1) and the violation of s. 794.011, s. 800.04, s. 827.071 . . . Is not a person described in subsection (2) because the violation of s. 794.011, s. 800.04, or s. 827.071 . . . registration as a sexual offender or sexual predator for a violation of s. 794.011, s. 800.04 or s. 827.071 . . .

G. BOLLONE, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 100 So. 3d 1276 (Fla. Dist. Ct. App. 2012)

. . . counts of possession of child pornography, which are third-degree felonies, in violation of section 827.071 . . .

GOSLING, v. STATE, 97 So. 3d 287 (Fla. Dist. Ct. App. 2012)

. . . s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.08; s. 796.085; s. 800.04; s. 825.1025; s. 827.071 . . . 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 . . .

DURANT, v. STATE, 94 So. 3d 669 (Fla. Dist. Ct. App. 2012)

STATE v. ADKINS,, 96 So. 3d 412 (Fla. 2012)

. . . Id. at 408 (quoting § 827.071(1)(g), Fla. Stat. (1987)). . . .

E. CALDERON, v. STATE, 93 So. 3d 439 (Fla. Dist. Ct. App. 2012)

. . . 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 . . .

STATE v. HACKLEY,, 95 So. 3d 92 (Fla. 2012)

. . . Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071; within 3 years after being released . . . the revision — only incorporated "[a]ny felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 95 So. 3d 868 (Fla. 2012)

. . . [Florida Statute 794.011] [Florida Statute 800.04] [Florida Statute 827.071] [Florida Statute 847.0135 . . . jurisdiction other than the State of Florida that is similar to Florida Statute [794.011] [800.04] [827.071 . . . Stat. [794.011] [800.04] [827.071] [847.0135(5) ] [847.0145] was classified as a felony of the [first . . . Stat. [794.011] [800.04] [827.071] [847.0135(5) ] [847.0145] resulted in a penalty that is substantially . . . Stat. is Lewd or Lascivious Conduct. § 827.071 Fla. . . .

ALLEN, v. STATE, 82 So. 3d 118 (Fla. Dist. Ct. App. 2012)

. . . State, 563 So.2d 1095 (Fla. 4th DCA 1990) we applied the “a/ any” test to section 827.071(5), Florida . . . Subsequent to our decision in Schmitt, the Legislature amended section 827.071 to punish possession of . . .

STATE v. SAMUELS,, 76 So. 3d 1109 (Fla. Dist. Ct. App. 2011)

UNITED STATES v. MORELAND,, 665 F.3d 137 (5th Cir. 2011)

. . . . § 827.071(4)-(6) (2010); La.Rev.Stat. . . .

PARKER, v. STATE, 81 So. 3d 451 (Fla. Dist. Ct. App. 2011)

. . . she knows to include any sexual conduct by a child.’ ” 58 So.3d at 875 (emphasis omitted) (quoting § 827.071 . . . We then further noted that the definition of “sexual conduct” set forth in section 827.071(l)(g) included . . . Stelmack, 58 So.3d at 876 (quoting § 827.071(l)(g)). . . . In Stelmack, we read section 827.071(l)(g) and 827.071(5) together, and we determined that a conviction . . . “Simulated” as defined in section 827.071(l)(i) “means the explicit depiction of conduct set forth in . . . See §§ 775.0847, 827.071(5), Fla. Stat. (2007). . . . Stelmack, 58 So.3d at 876 (emphasis omitted) (quoting § 827.071(l)(g)); accord § 775.0847(l)(f). . . . The conduct falls within the scope of section 827.071(l)(g). . . . We assume that such a photograph certainly would fall within the scope of section 827.071(5). . . . Section 827.071(5) requires that actual children engage in sexual conduct. . . .

BUSSELL, v. STATE, 66 So. 3d 1059 (Fla. Dist. Ct. App. 2011)

. . . Appellant was charged with violating section 827.071, Florida Statutes (2007), which makes it a crime . . . constructive possession of child pornography satisfies the “knowingly possess” standard contained in section 827.071 . . .

A. STOWE, v. STATE, 66 So. 3d 1015 (Fla. Dist. Ct. App. 2011)

. . . Stowe was charged with eighteen counts of possession of child pornography, in violation of section 827.071 . . . State, 757 So.2d 584, 585 (Fla. 2d DCA 2000) (“Subsection (5) [of section 827.071] expressly states that . . .

LAMONTAGNE, v. SECRETARY, DEPARTMENT OF CORRECTIONS,, 433 F. App'x 746 (11th Cir. 2011)

. . . counts of possession of material depicting sexual conduct by a child, in violation of Florida Statutes § 827.071 . . . on the § 800.04(5)(b) child molestation charges and to concurrent 5 year imprisonment terms on the § 827.071 . . .

WRIGHT, v. STATE, 65 So. 3d 1092 (Fla. Dist. Ct. App. 2011)

L. A. P. v. STATE, 62 So. 3d 693 (Fla. Dist. Ct. App. 2011)

. . . See § 827.071(l)(a), Fla. Stat. (2008) (defining “deviate sexual intercourse”). . . . Stat. (2008); § 827.071(l)(g). . . .

FIKE, v. STATE, 63 So. 3d 847 (Fla. Dist. Ct. App. 2011)

. . . s. 794.011(1), excluding 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071 . . .

FAWDRY, v. STATE, 70 So. 3d 626 (Fla. Dist. Ct. App. 2011)

. . . counts of possession of photographs which depicted sexual performance by a child in violation of section 827.071 . . .

R. CLINTON, v. STATE, 57 So. 3d 262 (Fla. Dist. Ct. App. 2011)

. . . . § 827.071(5), Fla. Stat. (2007). . § 800.04(5)(b), Fla. Stat. (2007). . § 827.071(3), Fla. . . .

PLAINTIFF B, J, S, V, v. R. FRANCIS, MRA LLC, LLC, s, 631 F.3d 1310 (11th Cir. 2011)

. . . allegations by assuming that because this sort of activity was not “sexual conduct” under Florida Statutes § 827.071 . . .

STELMACK, v. STATE, 58 So. 3d 874 (Fla. Dist. Ct. App. 2010)

. . . A jury found him guilty of five violations of section 827.071(5), Florida Statutes (2007), which proscribes . . . the evidence was insufficient to establish guilt because the composite images do not violate section 827.071 . . . Section 827.071(5) proscribes the possession of child pornography, in pertinent part, as follows: It . . . Reading the two provisions together, section 827.071(5) requires that the images in question include . . . Thus, possession of these images is not a violation of section 827.071(5). . . .

K. J. F. a v. STATE, 44 So. 3d 1204 (Fla. Dist. Ct. App. 2010)

. . . the court under s. 985.35 to have committed a violation of chapter 794, chapter 796, chapter 800, s. 827.071 . . .

BISHOP, v. STATE, 46 So. 3d 75 (Fla. Dist. Ct. App. 2010)

. . . I agree that Bishop’s conviction for use of a child in a sexual performance under section 827.071(2), . . . Performance is defined under section 827.071(l)(b) as “any play, motion picture, photograph, or dance . . . Section 827.071, Florida Statutes (2006), prohibits an individual from employing, authorizing, or inducing . . . performance or part thereof which includes sexual conduct by a child of less than eighteen years of age. § 827.071 . . . motion picture, photograph, or dance or any other visual representation exhibited before an audience.” § 827.071 . . . Florida courts have uniformly construed section 827.071 to permit a conviction even where the video tape . . . Stat. (2006). . § 827.071(2), Fla. Stat. (2006). . . . .

PRICE, v. STATE, 43 So. 3d 854 (Fla. Dist. Ct. App. 2010)

. . . state or analogous offenses in another jurisdiction: s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 827.071 . . .

STATE v. D. SABOURIN,, 39 So. 3d 376 (Fla. Dist. Ct. App. 2010)

. . . The judge simultaneously issued a warrant to arrest the Defendant for violating section 827.071, Florida . . .

A. EXILE M. v. MIAMI- DADE COUNTY,, 35 So. 3d 118 (Fla. Dist. Ct. App. 2010)

. . . 794.011 (sexual battery), 800.04 (lewd and lascivious acts on/in presence of persons under age 16), 827.071 . . . "It is unlawful for any person who has been convicted of a violation of s. 794.011, s. 800.04, s. 827.071 . . .

W. MUNROE, v. STATE, 28 So. 3d 973 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

OQUENDO, v. STATE, 24 So. 3d 746 (Fla. Dist. Ct. App. 2009)

. . . sexual performance of a child and contributing to the delinquency of a minor, in violation of sections 827.071 . . . Section 827.071, Florida Statutes (2007), provides, in part: (2) A person is guilty of the use of a child . . . Subsection (l)(b) of section 827.071, defines “performance” as “any play, motion picture, photograph, . . . We agree with Oquendo that the State failed to prove a prima facie case of guilt under section 827.071 . . . Subsection (3) of section 827.071 defines the crime of "promoting a sexual performance by a child.” . . .

UNITED STATES v. SARRAS,, 575 F.3d 1191 (11th Cir. 2009)

. . . Sarras’s possession of the photos, not the camera, that constitutes a crime under Florida statute § 827.071 . . . Stat. § 827.071(5), making it a crime for "any person to knowingly possess a photograph, motion picture . . .

UNITED STATES v. JACOB,, 631 F. Supp. 2d 1099 (N.D. Iowa 2009)

. . . crime of promotion of sexual performance by a child less than 18 years of age, in violation of Section 827.071 . . . Stat. § 827.071(3) are both second degree felonies punishable by imprisonment not exceeding 15 years . . .

UNITED STATES v. SARRAS,, 571 F.3d 1111 (11th Cir. 2009)

UNITED STATES v. SANTACRUZ,, 563 F.3d 894 (9th Cir. 2009)

. . . Dec. 896, 896 (B.I.A.2006) (interpreting Florida Statute § 827.071(5), which makes it "unlawful for any . . .

STATE v. BRABSON, III,, 7 So. 3d 1119 (Fla. Dist. Ct. App. 2008)

. . . the defendant, Brabson, with promotion of a sexual performance by a child, in violation of section 827.071 . . . Section 827.071(l)(h), Florida Statutes (2007). . . . Section 827.071(l)(g), Florida Statutes (2007) (emphasis added). . . . The Florida Supreme Court interpreted an earlier version of section 827.071 in Schmitt v. . . . The relevant language in section 827.071, for purposes of this opinion, is unchanged. . . . .

HOBBS, v. STATE, 999 So. 2d 1025 (Fla. 2008)

. . . 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse; s. 827.04, involving sexual abuse; s. 827.071 . . .

UNITED STATES v. J. BEIERMANN, v. v., 584 F. Supp. 2d 1167 (N.D. Iowa 2008)

. . . crime of promotion of sexual performance by a child less than 18 years of age, in violation of Section 827.071 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 995 So. 2d 489 (Fla. 2008)

. . . New instructions 16.7 through 16.11 are based upon section 827.071, Florida Statutes (2007), and instruct . . . See § 827.071(2)-(5), Fla. Stat. (2007). . . . adopted in 1987 [508 So.2d 1221] and amended in 2008. 16.7 USE OF A CHILD IN A SEXUAL PERFORMANCE § 827.071 . . . 16.8 USE OF A CHILD IN A SEXUAL PERFORMANCE WITH CONSENT OF PARENT, LEGAL GUARDIAN, OR CUSTODIAN § 827.071 . . . Comment This instruction was adopted in 2008. 16.9 PROMOTING A SEXUAL PERFORMANCE BY A CHILD § 827.071 . . .

T. BRUCE, v. STATE, 988 So. 2d 715 (Fla. Dist. Ct. App. 2008)

DENHART, v. STATE, 987 So. 2d 1257 (Fla. Dist. Ct. App. 2008)

. . . The defendant was charged with violating section 827.071 of the Florida Statutes which reads, in relevant . . . part, 827.071. . . . , or promotes any performance which includes sexual conduct by a child less than 18 years of age. § 827.071 . . . ), the defendant was convicted of promoting a sexual performance by a child in violation of section 827.071 . . . Any felony violation, or any attempt thereof, of ... s. 827.071 ..., and the offender has previously . . .

UNITED STATES v. ROMM,, 275 F. App'x 669 (9th Cir. 2008)

. . . probable cause affidavit supplied no factual basis for his conviction under Florida Statute section 827.071 . . .

DONOHUE, v. STATE, 979 So. 2d 1060 (Fla. Dist. Ct. App. 2008)

. . . placed on community control or sex offender probation for a violation of chapter 794, s. 800.04, s. 827.071 . . . placed on probation or community control for a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 . . . pursuant to s. 775.21; or (c) Has previously been convicted of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 . . .

KANE, v. STATE, 975 So. 2d 1277 (Fla. Dist. Ct. App. 2008)

. . . crime under either section 794.011 or 800.04, but, instead, a violation of a different statute, section 827.071 . . . He points out that appellant was separately charged under section 827.071 with twenty-eight counts of . . .

BURKHART, v. STATE, 974 So. 2d 1203 (Fla. Dist. Ct. App. 2008)

. . . or she “[h]as previously been convicted of a violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071 . . .

ABRAMS, v. STATE, 971 So. 2d 1033 (Fla. Dist. Ct. App. 2008)

. . . of s. 787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071 . . . of s. 787.025; s. 794.011(2), (3), (4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071 . . .