Florida Statute 847.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.001

847.001 Definitions.—As used in this chapter, the term:

(1) “Adult” means a person 18 years of age or older.

(2) “Adult entertainment establishment” means the following terms as defined:

(a) “Adult bookstore” means any corporation, partnership, or business of any kind which restricts or purports to restrict admission only to adults, which has as part of its stock books, magazines, other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually oriented material.

(b) “Adult theater” means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults, or any business that features a person who engages in specific sexual activities for observation by a patron, and which restricts or purports to restrict admission to only adults.

(c) “Special Cabaret” means any business that features persons who engage in specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults.

(d) “Unlicensed massage establishment” means any business or enterprise that offers, sells, or provides, or that holds itself out as offering, selling, or providing, massages that include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by either male or female employees or attendants, by hand or by any electrical or mechanical device, on or off the premises. The term “unlicensed massage establishment” does not include an establishment licensed under s. 480.043 which routinely provides medical services by state-licensed health care practitioners and massage therapists licensed under s. 480.041.

(3) “Child pornography” means:

(a) Any image depicting a minor engaged in sexual conduct; or

(b) 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.

(4) “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. The term also includes: any online service, Internet service, or local bulletin board; any electronic storage device, including a floppy disk or other magnetic storage device; or any compact disc that has read-only memory and the capacity to store audio, video, or written materials.

(5) “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.

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

(7) “Harmful to minors” means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:

(a) Predominantly appeals to a prurient, shameful, or morbid interest;

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and

A mother’s breastfeeding of her baby is not under any circumstance “harmful to minors.”

(8) “Identifiable minor” means a person:

(a) 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

(b) 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.

(9) “Masochism” means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death.

(10) “Minor” or “child” means any person, whose identity is known or unknown, younger than 18 years of age.

(11) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not under any circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or incidental to feeding.

(12) “Obscene” means the status of material which:

(a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;

(b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and

A mother’s breastfeeding of her baby is not under any circumstance “obscene.”

(13) “Person” includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

(14) “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.

(15) “Sadism” means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death upon another person or an animal.

(16) “Sadomasochistic abuse” means flagellation or torture by or upon a person or animal, 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.

(17) “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.

(18) “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.

(19) “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.”

(20) “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

(21) “Sexually oriented material” means any book, article, magazine, publication, or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(22) “Simulated” means the explicit depiction of conduct described in subsection (19) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

(23) “Specific sexual activities” includes the following sexual activities and the exhibition of the following anatomical areas:

(a) Human genitals in the state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof.

(d) Less than completely and opaquely covered:

1. Human genitals or the pubic region.

2. Buttocks.

3. Female breasts below the top of the areola.

4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

History.—s. 1, ch. 86-238; s. 4, ch. 88-283; s. 6, ch. 93-4; s. 70, ch. 96-388; s. 2, ch. 2001-54; s. 1, ch. 2001-177; s. 154, ch. 2007-5; s. 1, ch. 2008-120; s. 11, ch. 2019-152; s. 10, ch. 2022-165; s. 7, ch. 2022-212.

F.S. 847.001 on Google Scholar

F.S. 847.001 on Casetext

Amendments to 847.001

Arrestable Offenses / Crimes under Fla. Stat. 847.001

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.001.

Annotations, Discussions, Cases:

Cases Citing Statute 847.001

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Court: Fla. | Date Filed: 2020-02-26T23:53:00-08:00

Snippet: § 847.001(16), Fla. Stat. If necessary, insert additional definitions from § 847.001, Fla. …picture, film, video, or representation. § 847.001(9), Fla. Stat. “Nudity” means showing of … Definitions. Give as applicable. § 847.001(6), Fla. Stat. An image, information, or …diseased, dwelling on the gruesome, or sick. § 847.001(8), Fla. Stat. “Minor” means any person less… less than 18 years of age. § 847.001(9), Fla. Stat. “Nudity” means the showing of the human

STEVEN LEIF ALEXANDER, JR. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-28T23:53:00-08:00

Snippet: that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant… .... § 847.0138(2), Fla. Stat. Section 847.001(6), Florida Statutes (2017), defines “harmful to… political, or scientific value for minors. § 847.001(6), Fla. Stat. (2017). Using Florida Standard…term “harmful to minors” is defined in section 847.001(6), Florida Statutes (2002), and incorporates

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-09

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: definition of “an object” includes a finger. § 847.001(13), Fla. Stat. “Sadomasochistic abuse” … -6- § 847.001(15), Fla. Stat. “Sexual bestiality” means…that differ from the statutory definitions in § 847.001, Fla. Stat. As of June 2018September 2019, there

JAE-IL BYUN v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-05T23:53:00-08:00

Snippet: child victim is less than 18 years old. See § 847.001(3) (defining "child pornography" as &…depicting a minor engaged in sexual conduct"); § 847.001(8) (defining "minor" as "any person…unknown, less than 18 years of age"); cf. § 847.001(1) (defining "adult" as "a person

Antoine E. McCloud v. State of Florida

Court: Fla. | Date Filed: 2018-12-20T00:00:00-08:00

Citation: 260 So. 3d 911

Snippet: McCloud’s conviction for witness tampering. Id. at 847. 1 1. Unrelatedly, the Second District vacated

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

Court: Fla. | Date Filed: 2018-11-15T00:00:00-08:00

Citation: 257 So. 3d 370

Snippet: quot; are changed from those in sections 847.001(13) and 847.001(15), Florida Statutes (2018), respectively…quot;sexual bestiality," sections 847.001(13) and 847.001(15), respectively, are removed, leaving…abuse' and 'sexual bestiality' in § 847.001, Fla. Stat., that differ from the statutory definitions…and 11.11 as set forth above, addressing section 847.001 statutory definitions, is also included in instruction… Give applicable definitions from § 847.001, Fla. Stat., when pre-October 1, 1999

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

Court: Fla. | Date Filed: 2018-03-08T00:00:00-08:00

Citation: 238 So. 3d 192

Snippet: or representation. *197 § 847.001(9), Fla. Stat. "Nudity" …during or incidental to feeding.] § 847.001(16), Fla. Stat. If necessary, insert…insert additional definitions from § 847.001, Fla. Stat. "Sexual conduct" means actual

BRODERICK CAMERON FURLOW v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-01T23:53:00-08:00

Snippet: explaining that it would support a charge under section 847.01, Florida Statutes (1957), which prohibited showing

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-01

Court: Fla. | Date Filed: 2017-10-12T00:00:00-07:00

Citation: 228 So. 3d 87, 2017 WL 4546149

Snippet: the nature of the alleged illegal conduct. See § 847.001, Fla. Stat. “Sexual conduct” means actual …the nature of the alleged illegal conduct. See § 847.001, Fla. Stat. “Sexual conduct” means actual

Duncan Jason Smith v. State of Florida

Court: Fla. | Date Filed: 2016-09-08T00:00:00-07:00

Citation: 204 So. 3d 18, 41 Fla. L. Weekly Supp. 369, 2016 WL 4699498, 2016 Fla. LEXIS 1995

Snippet: transmit child pornography, as defined in section 847.001, Florida Statute, knowing or having reason to know…transmitting child pornography, as defined in s. 847.001, to another person in this state or in another

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-06

Court: Fla. | Date Filed: 2016-06-23T00:00:00-07:00

Citation: 195 So. 3d 356, 2016 WL 3450481

Snippet: the nature of the alleged illegal conduct. See § 847.001, Fla. Stah “Sexual conduct” means actual

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Fla. | Date Filed: 2015-10-08T00:00:00-07:00

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: definition of “an object” includes a finger. § 847.001(13), Fla. Stat. “Sadomasochistic abuse” …another or receiving such harm oneself. § 847.001(15), Fla. Stat. “Sexual bestiality” means…another or receiving such harm oneself. § 847.001(15), Fla. Stat. “Sexual bestiality” means

State of Florida v. Adonis Losada

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-24T00:53:00-07:00

Snippet: transmitting child pornography.” Under section 847.001(3), “‘[c]hild pornography’ means any image depicting

State of Florida v. Adonis Losada

Court: Fla. Dist. Ct. App. | Date Filed: 2015-09-24T00:00:00-07:00

Citation: 175 So. 3d 911, 2015 Fla. App. LEXIS 14072

Snippet: transmitting child pornography.” Under section 847.001(3), ‘“[c]hild pornography’ means any image depicting

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

Court: Fla. | Date Filed: 2015-04-30T00:00:00-07:00

Citation: 163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Snippet: Union” means contact. § 827.071(d) and §—847.001(13), Fla. Stat. “Sadomasochistic abusé” … such harm oneself. § 827.071(f) and § —847.001(15), Fla. Stat. “Sexual bestiality” means… “An object” includes a finger. § 847.001(13), Fla. Stat. “Sadomasochistic abuse” …of any electronic equipment or device. § 847.001(3), Fla. Stat. *497 “Child pornography… Definitions. Give as applicable. § 847.001(6), Fla. Stat. An image, information, or

Duncan Jason Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 190 So. 3d 94, 2015 Fla. App. LEXIS 4273

State v. C.M., a child

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-07T00:00:00-08:00

Citation: 154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

Snippet: nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). § 847.0141

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Snippet: an act done for a bona fide medical purpose. § 847.001(18), Fla. Stat. “Sadomasochistic abuse” means

Allen v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-01T00:00:00-08:00

Citation: 82 So. 3d 118, 2012 WL 280238, 2012 Fla. App. LEXIS 1324

Snippet: data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant…;harmful to minors," contained in section 847.001(6), derives from the constitutional obscenity standard

Austin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-09T00:00:00-07:00

Citation: 67 So. 3d 403, 2011 Fla. App. LEXIS 12389, 2011 WL 3452939

Snippet: to the third prong. (Section 847.001(7) was renumbered to section 847.001(10), without substantive change… definition of "obscene” found in section 847.001(10), Florida Statutes. "Obscene” means the…case. There the appellant asserted that section 847.001(7), Florida Statutes (1987), defining "obscene