The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Pine was charged with two counts of showing obscene material to a minor under sections 847.0133 and 847.001, Florida Statutes (2019). The jury found Pine guilty as to one count and not guilty as to the other. Pursuant to the State's request that the trial be bifurcated for sentencing purposes, a separate sentencing proceeding ensued. Because Pine had fewer than twenty-two sentence points, section 775.082(10) was critical to the sentencing process and provides in pertinent part:
Here, Webb's argument that Deputy English lacked arguable reasonable suspicion fails. As discussed above, Deputy English observed Webb's Sticker which was arguably obscene as defined by Florida law. See Fla. Stat. § 847.001( 10). It naturally follows, then, that Webb's display of the Sticker on his vehicle arguably violated section 847.011(2). Under qualified immunity, an arguably reasonable suspicion that Webb's action violated Florida law, as opposed to an actual violation, is all that is required to insulate Deputy English's decision to stop Webb. Jackson, 206 F.3d at 1166. Because Deputy English interpreted the Sticker as describing a sexual act-an interpretation that, as discussed above, is arguably reasonable based on the plain language of the Sticker and one that was shared by others, the Court finds sufficient reasonable suspicion existed when Deputy English stopped Webb. As such, Deputy English is entitled to qualified immunity as to his claim that the investigatory stop violated Webb's Fourth Amendment rights. Therefore, Defendants' Motion is due to be granted, and Webb's Motion denied, to the extent that judgment will be entered in favor of Defendant Deputy…
Section 847.0137(2), Florida Statutes (2017), provides that "any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree." (Emphasis added.) Transmit is defined as "the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device." § 847.0137(1)(b).
B&G argues that the definition of "Adult business" is unconstitutionally vague because it does not define "specified sexual activities" and "specified anatomical areas." (ECF No. 68 at 17). This argument fails to recognize that the definition expressly references Florida Statutes Chapter 847, which provides the requisite specificity. Florida Statutes § 847.001 defines the term "specific sexual activities" as follows:
not the nipple is covered during or incidental to feeding.] § 847.001(16), Fla. Stat. If necessary, insert additional definitions from § 847.001, Fla. Stat. "Sexual conduct" means actual or simulated sexual
interest" means diseased, dwelling on the gruesome, or sick. § 847.001(8), Fla. Stat. "Minor" means any person less than 18 years of age. § 847.001(9), Fla. Stat. "Nudity" means the showing of the human male
§ 847.0138(2), Fla. Stat. Section 847.001(6), Florida Statutes (2017), defines "harmful to minors" as:
There are statutory definitions of "sadomasochistic abuse" and "sexual bestiality" in § 827.071, Fla. Stat., that differ from the statutory definitions in § 847.001, Fla. Stat. As of June 2018 September 2019, there is no case law that decides which definition applies for a violation of § 800.09, Fla. Stat.
But it is a question that we need not resolve today, because in their singular focus, the parties have wholly failed to apprehend, let alone address, the significance of a much clearer difference between the elements of the two offenses. Unlawful travel requires proof that the child victim is less than 18 years old. See § 847.001( 3) (defining "child pornography" as "any image depicting a minor engaged in sexual conduct"); § 847.001( 8) (defining "minor" as "any person under the age of 18 years"); Fla. Std. Jury Instr. (Crim.) 11.17(c) (defining "child" for purposes of section 847.0135(4)(a) as "any person, whose identity is known or unknown, less than 18 years of age"); cf. § 847.001( 1) (defining "adult" as "a person 18 years of age or older"). Attempted lewd battery, however, requires proof that the intended child victim is at least twelve years' old but less than sixteen years' old. § 800.04(4)(a)(1) ; see also Glover v. State, 863 So.2d 236, 238 (Fla. 2003) (holding that age of the victim is an essential element of capital sexual battery). Accordingly, attempted lewd battery has an element that unlawful travel does not have, and Byun's argument…
In instruction 11.10(b), the statutory citations for "sadomasochistic abuse" and "sexual bestiality," sections 847.001(13) and 847.001(15), respectively, are removed, leaving the citations to sections 827.071(e) and 827.071(g), respectively. In addition, the comment added to instructions 11.10(e), 11.10(g), and 11.11 as set forth above, addressing section 847.001 statutory definitions, is also included in instruction 11.10(b).
§ 847.001(16), Fla. Stat.
. . . . § 827.071( f g ) and § 847.001(15) ,Fla. Stat. . . . . § 847.001(15) 827.071(g),Fla. Stat. . . . . § 847.001(15), Fla. Stat. . . . . § 847.001(15), Fla. Stat. . . . Give as applicable. § 847.001(6), Fla. Stat. . . .
. . . . § 847.001(9), Fla. Stat. . . . "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding.] § 847.001 . . . If necessary, insert additional definitions from § 847.001, Fla. Stat. . . .
. . . See § 847.001, Fla. Stat. . . . See § 847.001, Fla. Stat. . . .
. . . the County of Palm Beach and State of Florida, did transmit child pornography, as defined in section 847.001 . . . or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001 . . .
. . . See § 847.001, Fla. . . .
. . . . § 847.001(13), Fla. Stat. . . . . § 847.001(15), Fla. Stat. . . . as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself. § 847.001 . . .
. . . Under section 847.001(3), ‘“[c]hild pornography’ means any image depicting a minor engaged in sexual . . .
. . . . § 827.071(d) and §—847.001(13), Fla. Stat. . . . . § 827.071(f) and § —847.001(15), Fla. Stat. . . . “An object” includes a finger. § 847.001(13), Fla. Stat. . . . over or through any medium, including the internet, by use of any electronic equipment or device. § 847.001 . . . Give as applicable. § 847.001(6), Fla. Stat. . . .
. . . the County of Palm Beach and State of Florida, did transmit child pornography, as defined in section 847.001 . . . or reasonably should háve known that he or she was transmitting child pornography, as defined in s. 847.001 . . .
. . . distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001 . . . (9), and is harmful to minors, as defined in s. 847.001(6). § 847.0141(l)(a), Fla. . . .
. . . . § 847.001(18), Fla. Stat. . . .
. . . asserted that numerous statutes contained in Chapter 847 of the Florida Statutes were unconstitutional: §§ 847.001 . . .
. . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . The definition of “harmful to minors,” contained in section 847.001(6), derives from the constitutional . . .
. . . Section 847.0133, Florida Statutes, incorporates the definition of "obscene” found in section 847.001 . . . There the appellant asserted that section 847.001(7), Florida Statutes (1987), defining "obscene,” was . . . (Section 847.001(7) was renumbered to section 847.001(10), without substantive change, effective July . . .
. . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . .
. . . “any person under the age of 18 years” (see § 847.001(8), Fla. . . . See §§ 847.001(6), 847.0138 Fla. Stat. (2008). . . .
. . . Finally, we added the statutory definitions for “deviant sexual intercourse,” section 847.001(5), Florida . . . Statutes (2008), and “sexual bestiality,” section 847.001(15), to instructions 11.17(a), 11.17(b), 11.17 . . .
. . . . § 847.001(13), Fla. . . .
. . . Florida Statutes (2007), is possible through selective reference to the definitions contained in section 847.001 . . . See § 847.001, Fla. . . .
. . . . § 827.071(0 and § 847.001(15), Fla. Stat. . . .
. . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . The term “harmful to minors” is defined in section 847.001(6), Florida Statutes (2002), and incorporates . . . See § 847.001(6)(c), Fla. . . . 3) as a whole “is without serious literary, artistic, political, or scientific value for minors.” § 847.001 . . .
. . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001 . . . Relevant definitions, provided in section 847.001, are: (1) “Adult” means a person 18 years of age or . . . See § 847.001(6)(c) (defining harmful materials to include "taken as whole, is without serious literary . . . minority of a minor member of such chat room to make any future messages subject to the sweep of § 847.001 . . . of California law as a “red herring” because of the definition of “harmful to minors” contained in § 847.001 . . . overlooks, that the California statute considered in Hayne contains almost the identical language as § 847.001 . . . our society, and it should not be restricted except in clearly defined areas not accomplished by § 847.001 . . .
. . . For purposes of section 847.0133(1), “obscene” is defined in section 847.001(10) as: (10) ‘Obscene’ means . . .
. . . was insufficient to make a prima facie showing that the evidence was obscene as defined by section 847.001 . . .
. . . presented that tended to show that the material was obscene, as that term has been defined by section 847.001 . . .
. . . lascivious acts); § 800.04 (“Lewd, lascivious, or indecent assault or act upon or in presence of child”); § 847.001 . . .
. . . .) § 847.001, Fla.Stat. (1991). . . .
. . . Note to Judge Give applicable definitions from F.S. 847.001 when F.S. 800.04(2) is charged. . . .
. . . Subsection 847.001(7), Florida Statutes (Supp.1986), incorporates these standards: (7) “Obscene” means . . . Subsection 847.001(11) defines sexual conduct: (11) “Sexual conduct” means actual or simulated sexual . . . .” § 847.001(7)(a), Fla.Stat. (Supp.1986) (emphasis added). . . .
. . . Heller under sections 847.011(4) and 847.001(11), Florida Statutes (1987). . . .
. . . Section 847.001(7), Florida Statutes, tracks the language of the controlling case of Miller v. . . . The initial provision is section 847.001(11), Florida Statutes, which defines “sexual conduct” to include . . . Section 847.001(2), Florida Statutes, defines deviate sexual intercourse as sexual conduct between unmarried . . . ANN. §§ 847.001(2), .001(8) (Supp.1990). . . . See FLA.STAT.ANN. § 847.001(7) (Supp.1990). . . .
. . . .; § 847.001, Fla.Stat. (Supp.1986). . . . See § 847.011(11), Fla.Stat. (1985); § 847.001(7), Fla.Stat. (Supp.1986). . . . obscene material contained in the 1985 version of section 847.011(11) and the 1986 version of section 847.001 . . . event the case went to trial, the state would be required to present evidence in regard to section 847.001 . . .
. . . Section 847.001(7) constitutes the codification in Florida of the definition of the term “obscene.” . . . Relying on the argument that section 847.001(7) fails to conform to the requirements of Miller and Pope . . . SMITH, C.J., and WENTWORTH, J., concur. . 847.001(7), Florida Statutes provides: (7) "Obscene” means . . .