Florida Statute 847.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.002

847.002 Child pornography prosecutions.—

(1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child pornography shall:

(a) Provide such images or movies to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Center for Missing and Exploited Children, as required by the center’s guidelines.

(b) Request the law enforcement agency contact information from the Child Victim Identification Program for any images or movies recovered which contain an identified victim of child pornography as defined in s. 960.03.

(c) Provide case information to the Child Victim Identification Program, as required by the National Center for Missing and Exploited Children guidelines, in any case where the law enforcement officer identifies a previously unidentified victim of child pornography.

(2) Any law enforcement officer submitting a case for prosecution which involves the production, promotion, or possession of child pornography shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which contain the depiction of an identified victim of child pornography as defined in s. 960.03.

(3) In every filed case involving an identified victim of child pornography, as defined in s. 960.03, the prosecuting agency shall enter the following information into the Victims in Child Pornography Tracking Repeat Exploitation database maintained by the Office of the Attorney General:

(a) The case number and agency file number.

(b) The named defendant.

(d) Current court dates and the status of the case.

(e) Contact information for the prosecutor assigned.

(f) Verification that the prosecutor is or is not in possession of a victim impact statement and will use the statement in sentencing.

History.—s. 5, ch. 2008-172.

F.S. 847.002 on Google Scholar

F.S. 847.002 on Casetext

Amendments to 847.002

Arrestable Offenses / Crimes under Fla. Stat. 847.002

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 847.002.

Annotations, Discussions, Cases:

Cases Citing Statute 847.002

Total Results: 15

JEFFERY GESKE v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-12T00:00:00-08:00

Snippet: motion prior to sentencing, argues that sections 775.0847(2) and 827.071(5)(a), Florida Statutes (2019), permit…counts could be reclassified pursuant to section 775.0847(2). But he disagrees …of the reclassification provision in section 775.0847(2) differently, resulting in a dispute over how many

LAFE TRAVIS BEST vs STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-26T00:00:00-07:00

Snippet: §§ 794.011(2)(a), 777.04(3), 827.071(5), 775.0847(2), (3), Florida Statutes (2018), respectively. Best

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 1088

Snippet: child (ten or more images), contrary to section 775.0847(2) and (3)(a), Florida Statutes (2014), a second-…Fla. Stat. (2014) (emphasis added). Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation…Consequently, the plain language of sections 775.0847(2) and 827.071(5)(a) outlines a clear legislative…the statutory criteria set forth in section 775.0847(2)(b) are satisfied. See also State v. Farnham ,

Taylor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-05T00:00:00-07:00

Citation: 267 So. 3d 1088

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 260 So. 3d 1156

Snippet: child in violation of sections 827.071(5) and 775.0847(2) - (3), Florida Statutes (2009).1 Losada was also

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T00:00:00-08:00

Citation: 260 So. 3d 1156

Snippet: child in violation of sections 827.071(5) and 775.0847(2) - (3), Florida Statutes (2009).1 Losada was also

Losada v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-25T23:53:00-08:00

Snippet: child in violation of sections 827.071(5) and 775.0847(2)-(3), Florida Statutes (2009).1 1 Losada was

Aivaras Mardosas v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: pornography pursuant to sections 827.071(5)(a) and 775.0847(2), Florida Statutes (2014). Appellant filed a motion

Dickie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-08T00:00:00-08:00

Citation: 216 So. 3d 35, 2017 WL 913634, 2017 Fla. App. LEXIS 3028

Snippet: one of which involved a movie of a child. §§ 775.0847(2), 827.071(5)(a), Fla. Stat. (2015). After Mr. Dickie

Walsh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-04T00:00:00-08:00

Citation: 198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

Snippet: reclassified Mr. Walsh’s offenses pursuant to section 775.0847(2) and (3): (2) A violation of s. 827.071 ..… The statute in question here, section 775.0847(2),. provides that “[a] violation of s. 827.071 .…is increased to fifteen years under section 775.0847(2) “reclassification” where the offender possessed

Matthew Taby v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-25T00:00:00-08:00

Citation: 181 So. 3d 547, 2015 Fla. App. LEXIS 17902

Snippet: questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance of

Wingo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-22T00:00:00-07:00

Citation: 162 So. 3d 1141, 2015 Fla. App. LEXIS 5810, 2015 WL 1810363

Snippet: felonies pursuant to sections 827.071(5)(a) and 775.0847(2) and (3), Florida Statutes (2012), when the possession… a second-degree felony pursuant to section 775.0847(2) and (3). The information, the plea form, and the…second-degree felony under sections 827.071(5)(a) and 775.0847(2) and (3). See McMullen v. State, 145

Jenrette-Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-05-31T00:00:00-07:00

Citation: 114 So. 3d 427, 2013 WL 2360921, 2013 Fla. App. LEXIS 8580

Snippet: reclassification of the offenses under section 775.0847(2). Finally, I agree that the trial court did not

Glover v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-03-02T23:53:00-08:00

Citation: 921 So. 2d 846

Snippet: imposed. This court has recently concluded *847 that the $2 fee is a mandatory cost. See Waller v. State

Gudinas v. State

Court: Fla. | Date Filed: 1997-04-10T00:53:00-07:00

Citation: 693 So. 2d 953

Snippet: insertion of a broom handle into her vagina. Id. at 847. The two men then took the woman to a different location