The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 827
ABUSE OF CHILDREN

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F.S. 827.11

827.11 Exposing children to an adult live performance.—

(1) As used in this section, the term:

(a) “Adult live performance” means any show, exhibition, or other presentation in front of a live audience which, in whole or in part, depicts or simulates nudity, sexual conduct, sexual excitement, or specific sexual activities as those terms are defined in s. 847.001, lewd conduct, or the lewd exposure of prosthetic or imitation genitals or breasts when it:

1. Predominantly appeals to a prurient, shameful, or morbid interest;

2. Is patently offensive to prevailing standards in the adult community of this state as a whole with respect to what is suitable material or conduct for the age of the child present; and

3. Taken as a whole, is without serious literary, artistic, political, or scientific value for the age of the child present.

(b) “Knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

1. The character and content of any adult live performance described in this section which is reasonably susceptible of examination by the defendant; and

2. The age of the child.

(2) A person’s ignorance of a child’s age, a child’s misrepresentation of his or her age, or a bona fide belief of a child’s consent may not be raised as a defense in a prosecution for a violation of this section.

(3) A person may not knowingly admit a child to an adult live performance.

(4) A violation of subsection (3) constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 4, ch. 2023-94.

F.S. 827.11 on Google Scholar

F.S. 827.11 on Casetext

Amendments to 827.11

Arrestable Offenses / Crimes under Fla. Stat. 827.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 827.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

N. BELL, v. TRUE, I, 413 F. Supp. 2d 657 (W.D. Va. 2006)

. . . . § 19.2-827.11 (Michie 2004). . . .

H. COOKE, v. LYNN SAND STONE CO. Co. E. II,, 673 F. Supp. 14 (D. Mass. 1986)

. . . It is also uncontested that the Trustees paid Cooke $4,094.73 plus $827.11 in interest on November 30 . . .

L. FIELDS C. v. C. GRANQUIST,, 134 F. Supp. 624 (D. Or. 1955)

. . . other words, the classification urged by the taxpayers would result in a tax savings to them of $25,-827.11 . . .