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The 2025 Florida Statutes
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F.S. 847.001847.001 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 (c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. 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 (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. 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. (c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts. (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.
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Annotations, Discussions, Cases:
Cases Citing Statute 847.001
Total Results: 55
991 So. 2d 803, 2008 WL 2678449
Supreme Court of Florida | Filed: Jul 10, 2008 | Docket: 1400494
Cited 122 times | Published
reference to the definitions contained in section 847.001, Florida Statutes. Such a cabining could be
603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854
Cited 75 times | Published
to Give applicable definitions from F.S. 847.001 when F.S.
Judge 800.04(2) is charged
111 So. 2d 665
Supreme Court of Florida | Filed: May 8, 1959 | Docket: 1428181
Cited 73 times | Published
said minor female * * *." By Subsection (1) of § 847.01, Fla. Stat. 1957, F.S.A., as amended by Ch. 57-779
969 So. 2d 245, 2007 WL 3101743
Supreme Court of Florida | Filed: Oct 25, 2007 | Docket: 1403698
Cited 67 times | Published
purpose.
"Union" means contact.
§ 827.071(d) and § 847.001(13), Fla. Stat.
"Sadomasochistic abuse" means
976 So. 2d 1081, 2008 WL 596805
Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907
Cited 57 times | Published
(Fla. 1992).
Give applicable definitions from § 847.001, Fla. Stat., when § 800.04(2), Fla. Stat., is
6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938
Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876
Cited 34 times | Published
intercourse," section 847.001(5), Florida Statutes (2008), and "sexual bestiality," section 847.001(15), to
570 So. 2d 257, 1990 WL 154236
Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025
Cited 27 times | Published
as a whole, appeals to the prurient interest." § 847.001(7)(a), Fla. Stat. (Supp. 1986) (emphasis added)
944 So. 2d 317, 2006 WL 3313741
Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 48090
Cited 18 times | Published
The term "harmful to minors" is defined in section 847.001(6), Florida Statutes (2002), and incorporates
357 So. 2d 416
District Court of Appeal of Florida | Filed: Jan 18, 1978 | Docket: 1511261
Cited 15 times | Published
picture to a child, was also proscribed by Section 847.01, Florida Statutes (1957), which specifically
125 So. 2d 560
Supreme Court of Florida | Filed: Nov 30, 1960 | Docket: 1285022
Cited 14 times | Published
recited that it directly passed upon the validity of § 847.01 F.S. 1957, F.S.A., and determined it to be valid
18 So. 3d 1158, 2009 Fla. App. LEXIS 14398, 2009 WL 3047390
District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640481
Cited 12 times | Published
“any person under the age of 18 years” (see § 847.001(8), Fla. Stat. (2008)):
[Ajny reproduction, imitation
121 So. 2d 705
District Court of Appeal of Florida | Filed: Jun 23, 1960 | Docket: 1318486
Cited 12 times | Published
decree and injunctive relief pursuant *707 to § 847.01, Fla. Stat., as amended by Chapter 59-360, Acts
93 So. 2d 876
Supreme Court of Florida | Filed: Mar 27, 1957 | Docket: 1502512
Cited 11 times | Published
of Dade County for an alleged violation of F.S. § 847.01, F.S.A. Defendant filed a motion to quash the
998 So. 2d 1138, 2008 WL 5245686
Supreme Court of Florida | Filed: Dec 18, 2008 | Docket: 41366
Cited 9 times | Published
an act done for a bona fide medical purpose.
§ 847.001(13), Fla. Stat.
"Sadomasochistic abuse" means
151 So. 2d 19
District Court of Appeal of Florida | Filed: Mar 19, 1963 | Docket: 263746
Cited 7 times | Published
applicable statute relating to obscene literature § 847.01, Fla. Stat., F.S.A., 1959. The complaint sought
965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370
Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151
Cited 6 times | Published
or 2c is alleged, define the act charged from § 847.001, Fla. Stat.
"Disabled adult" means a person 18
886 So. 2d 399, 2004 WL 2579449
District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 1379859
Cited 6 times | Published
added). Relevant definitions, provided in section 847.001, are:
(1) "Adult" means a person 18 years of
766 So. 2d 1067, 2000 WL 553926
District Court of Appeal of Florida | Filed: Aug 31, 2000 | Docket: 1329740
Cited 6 times | Published
assault or act upon or in presence of child"); § 847.001 ("A mother's breastfeeding of her baby is not
739 F. Supp. 578, 17 Media L. Rep. (BNA) 2073, 1990 U.S. Dist. LEXIS 6883, 1990 WL 74653
District Court, S.D. Florida | Filed: Jun 6, 1990 | Docket: 1231644
Cited 6 times | Published
by the Constitution of the United States. Section 847.001(7), Florida Statutes, tracks the language of
544 So. 2d 219, 1989 WL 29025
District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1301178
Cited 6 times | Published
scientific value.
See Ch. 86-238, Laws of Fla.; § 847.001, Fla. Stat. (Supp. 1986). Contrary to the trial
131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640
Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161
Cited 5 times | Published
an act done for a bona fide medical purpose.
§ 847.001(18), Fla. Stat.
“Sadomasochistic abuse” means
82 So. 3d 118, 2012 WL 280238, 2012 Fla. App. LEXIS 1324
District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2415429
Cited 5 times | Published
definition of "harmful to minors," contained in section 847.001(6), derives from the constitutional obscenity
624 So. 2d 859, 1993 WL 393625
District Court of Appeal of Florida | Filed: Oct 8, 1993 | Docket: 1517903
Cited 5 times | Published
person is a female, breast... . (emphasis added.)
§ 847.001, Fla. Stat. (1991). Pictures or videos of Mitchell's
175 So. 3d 911, 2015 Fla. App. LEXIS 14072, 2015 WL 5603461
District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851140
Cited 4 times | Published
criminalize “transmitting child pornography.” Under section 847.001(3), ‘“[c]hild pornography’ means any image
531 So. 2d 364, 1988 WL 92978
District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 1528562
Cited 4 times | Published
crimes which make up the racketeering pattern.
Section 847.001(7) constitutes the codification in Florida
853 So. 2d 576, 2003 WL 22056036
District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279
Cited 3 times | Published
section 847.0133(1), "obscene" is defined in section 847.001(10) as:
(10) `Obscene' means the status of
238 So. 3d 192
Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897
Cited 1 times | Published
or representation.
*197
§ 847.001(9), Fla. Stat.
"Nudity" means showing
Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555
Published
Argued: Oct 9, 2024
Id. § 827.11(1)(a). The preexisting Section 847.001, part of a chapter
entitled “Obscenity
Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555
Published
Argued: Oct 9, 2024
Id. § 827.11(1)(a). The preexisting Section 847.001, part of a chapter
entitled “Obscenity
Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897139
Published
picture, film, video, or representation.
§ 847.001(9), Fla. Stat.
“Nudity” means showing of
District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773990
Published
degree
....
§ 847.0138(2), Fla. Stat. Section 847.001(6), Florida Statutes (2017),
defines “harmful
Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761638
Published
definition of “an object” includes a finger.
§ 847.001(13), Fla. Stat.
“Sadomasochistic abuse”
District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618605
Published
the child victim is less than 18 years old. See §
847.001(3) (defining "child pornography" as
257 So. 3d 370
Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607
Published
'sadomasochistic abuse' and 'sexual bestiality' in § 847.001, Fla. Stat., that differ from the statutory definitions
237 So. 3d 443
District Court of Appeal of Florida | Filed: Feb 2, 2018 | Docket: 6302667
Published
explaining that it would support a charge under
section 847.01, Florida Statutes (1957), which prohibited
228 So. 3d 87, 2017 WL 4546149
Supreme Court of Florida | Filed: Oct 12, 2017 | Docket: 6168329
Published
the nature of the alleged illegal conduct. See § 847.001, Fla. Stat.
“Sexual conduct” means actual
204 So. 3d 18, 41 Fla. L. Weekly Supp. 369, 2016 WL 4699498, 2016 Fla. LEXIS 1995
Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420162
Published
transmit child pornography, as defined in section 847.001, Florida Statute, knowing or having reason
195 So. 3d 356, 2016 WL 3450481
Supreme Court of Florida | Filed: Jun 23, 2016 | Docket: 3081761
Published
the nature of the alleged illegal conduct. See § 847.001, Fla. Stah
“Sexual conduct” means actual
176 So. 3d 938, 2015 WL 5853925
Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126
Published
definition of “an object” includes a finger.
§ 847.001(13), Fla. Stat.
“Sadomasochistic abuse”
District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2863195
Published
criminalize
“transmitting child pornography.” Under section 847.001(3), “‘[c]hild
pornography’ means any image
163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145
Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648
Published
receiving such harm oneself.
§ 827.071(f) and § —847.001(15), Fla. Stat.
“Sexual bestiality” means
190 So. 3d 94, 2015 Fla. App. LEXIS 4273, 2015 WL 1334323
District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679442
Published
transmit child pornography, as defined in section 847.001, Florida Statute, knowing or having reason
67 So. 3d 403, 2011 Fla. App. LEXIS 12389, 2011 WL 3452939
District Court of Appeal of Florida | Filed: Aug 9, 2011 | Docket: 60302107
Published
incorporates the definition of "obscene” found in section 847.001(10), Florida Statutes.
"Obscene” means the
48 So. 3d 41, 35 Fla. L. Weekly Supp. 559, 2010 Fla. LEXIS 1641, 35 Fla. L. Weekly Fed. S 559
Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 60296604
Published
(Fla. 1992).
Give applicable definitions from § 847.001, Fla. Stat, when § 800.04(2),Fla. Stat, is charged
846 So. 2d 1244, 2003 Fla. App. LEXIS 8552, 2003 WL 21305285
District Court of Appeal of Florida | Filed: Jun 9, 2003 | Docket: 64823297
Published
that the evidence was obscene as defined by section 847.001, Florida Statutes. Accordingly, we conclude
807 So. 2d 774, 2002 Fla. App. LEXIS 1806, 2002 WL 236625
District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64812624
Published
obscene, as that term has been defined by section 847.001, was contained in the testimony of the victim
627 So. 2d 561, 1993 Fla. App. LEXIS 11935, 1993 WL 492540
District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 64744394
Published
search and seizure law and authorities.
. See § 847.01 l(l)(a), Fla.Stat. (1991). I note that under this
609 So. 2d 1356, 1992 Fla. App. LEXIS 12521, 1992 WL 365472
District Court of Appeal of Florida | Filed: Dec 14, 1992 | Docket: 64692706
Published
conduct was specifically proscribed either by section 847.01(1), Florida Statutes, a felony carrying a penalty
250 So. 2d 880, 1971 Fla. LEXIS 3563
Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 64521559
Published
publications alleged to be obscene under Fla.Stat. § 847.01, F. S.A. In its Final Judgment relating to the
136 So. 2d 8
District Court of Appeal of Florida | Filed: Dec 18, 1961 | Docket: 60200851
Published
Business” declared obscene within the meaning of § 847.01, Fla.Stat., F.S.A. It should he noted that we
125 So. 2d 97, 1960 Fla. LEXIS 2053
Supreme Court of Florida | Filed: Dec 16, 1960 | Docket: 60196479
Published
trial court directly passed upon the validity of § 847.01, F.S.A., or construed a controlling provision
121 So. 2d 155, 1960 Fla. LEXIS 2499
Supreme Court of Florida | Filed: Jun 1, 1960 | Docket: 60195013
Published
adjudged guilty, and sentenced for a violation of § 847.01, F.S.1957, F.S.A.
Appellant appeals from the judgment
114 So. 2d 796
Supreme Court of Florida | Filed: Oct 7, 1959 | Docket: 60193399
Published
Florida State Prison at Raiford for violation of § 847.01, F.S.19SS, F.S.A. After his conviction and after
102 So. 2d 386, 1958 Fla. LEXIS 1741
Supreme Court of Florida | Filed: May 2, 1958 | Docket: 60189980
Published
reflecting adversely on the constitutionality of Section 847.01, Florida Statutes, F.S.A., as amended by Chapter
99 So. 2d 568
Supreme Court of Florida | Filed: Nov 27, 1957 | Docket: 1753621
Published
has appealed from the judgment of conviction.
Section 847.01, supra, provides that
"Whoever imports, prints
