Florida Statutes
Fla. Stat. § 847.011 (2025)
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty.
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847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty.—
(1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The knowing possession by any person of three or more identical or similar materials, matters, articles, or things coming within the provisions of paragraph (a) is prima facie evidence of the violation of the paragraph.
(c) A person who commits a violation of paragraph (a) or subsection (2) which is based on materials that depict a minor engaged in any act or conduct that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2).
(2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of violating this subsection, thereafter violates any of its provisions commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such possession, it is not necessary to allege or prove the absence of such intent.
(3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, paper, magazine, book, periodical, or publication, or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who knowingly promotes, conducts, performs, or participates in an obscene show, exhibition, or performance by live persons or a live person before an audience is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, after having been convicted of violating this subsection, thereafter violates any of its provisions and is convicted thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5)(a)1. A person may not knowingly sell, lend, give away, distribute, transmit, show, or transmute; offer to sell, lend, give away, distribute, transmit, show, or transmute; have in his or her possession, custody, or control with the intent to sell, lend, give away, distribute, transmit, show, or transmute; or advertise in any manner an obscene, child-like sex doll.
(c)1. A law enforcement officer may arrest without a warrant any person who he or she has probable cause to believe has violated paragraph (b).
2. Upon proper affidavits being made, a search warrant may be issued to further investigate a violation of paragraph (b), including to search a private dwelling.
(6) Every act, thing, or transaction forbidden by this section shall constitute a separate offense and shall be punishable as such.
(7) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from which it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of such facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character.
(8) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section; and, upon the seizure of any such material, matter, article, or thing by any authorized law enforcement officer, the same shall be held by the arresting agency. When the same is no longer required as evidence, the prosecuting officer or any claimant may move the court in writing for the disposition of the same and, after notice and hearing, the court, if it finds the same to have been possessed or otherwise dealt with in violation of this section, shall order the sheriff to destroy the same in the presence of the clerk; otherwise, the court shall order the same returned to the claimant if the claimant shows that he or she is entitled to possession. If destruction is ordered, the sheriff and clerk shall file a certificate of compliance.
(9)(a) The circuit court has jurisdiction to enjoin a threatened violation of this section upon complaint filed by the state attorney or attorney for a municipality in the name of the state upon the relation of such state attorney or attorney for a municipality.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request. No such order shall be made unless such judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for such restraining order is to be made; however, such notice shall be dispensed with when it is manifest to such judge, from the sworn allegations of the complaint or the affidavit of the plaintiff or other competent person, that the apprehended violation will be committed if an immediate remedy is not afforded.
(c) The person sought to be enjoined shall be entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days of the conclusion of the trial.
(d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney or the municipality or its attorney for costs or for damages sustained by reason of such restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof.
(10) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(11) This section shall not apply to the exhibition of motion picture films permitted by s. 847.013.
History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ch. 61-7; s. 1053, ch. 71-136; ss. 1A, 2A, 3A, 4, 5A, 6, ch. 71-337; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 2, ch. 86-238; s. 68, ch. 88-381; s. 1, ch. 89-44; s. 211, ch. 91-224; s. 1348, ch. 97-102; s. 2, ch. 2008-120; s. 1, ch. 2019-45; s. 8, ch. 2022-212.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”
Arrestable Offenses under F.S. 847.011
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§847.011(2)OBSCENE MATERIAL-POSSESSSUBSQ OFF
§847.011(2)OBSCENE MATERIAL-POSSESS1ST OFF
§847.011(3)OBSCENITYREQUIRE PURCHASER TO RECEIVE OBSCENE MATERIAL
§847.011(4)OBSCENITYPROMOTE PERFORM CONDUCT ETC LIVE SHOW 1ST OFF
§847.011(4)OBSCENITYPROMOTE PERFORM ETC LIVE SHOW SUBSQ OFF
§847.011(1a)OBSCENE MATERIAL-DISTRIBLEND/DISTRIB OBSCENE MATERIAL
§847.011(1a)OBSCENE MATERIAL-SELLSELLS LENDS DISTRIBUTES SUBSQ VIOLATION
§847.011(1a)OBSCENE MATERIAL-SELL1ST OFF
§847.011(1a)OBSCENE MATERIAL-POSSESSPOSSESS OBSCENE MATERIAL TO SELL PREV CONV
§847.011(1a)OBSCENE MATERIAL-DISTRIBLEND/DISTRIB OBSCENE MATERIAL SUBSQ VIOL
§847.011(1a)OBSCENE MATERIAL-POSSESSPOSSESS OBSCENE MATERIAL TO SELL
§847.011(1c)OBSCENITYSELL LEND TRANS POSSESS OBSCENITY HARM MINOR
§847.011(5a1)OBSCENE MATERIAL-DISTRIBTRANSMIT DISTR GIVE CHILDLIKE SEX DOLL 2ND SUB
§847.011(5a1)OBSCENE MATERIAL-SELLSELL LEND ADVERTISE CHILDLIKE SEX DOLL 2ND SUB
§847.011(5a1)OBSCENE MATERIAL-DISTRIBTRANSMIT DISTRIB GIVE AWAY CHILDLIKE SEX DOLL
§847.011(5a1)OBSCENE MATERIAL-SELLSELL LEND ADVERTISE CHILDLIKE SEX DOLL
§847.011(5b1)OBSCENE MATERIAL-POSSESSPOSSESS CHILD-LIKE SEX DOLL
§847.011(5b1)OBSCENE MATERIAL-POSSESSPOSSESS CHILD-LIKE SEX DOLL 2ND SUBSEQ
Notes of Decisions
Cited in 100
cases (4 in the last 5 years), 1963–2026 · leading case: Stall v. State, 570 So. 2d 257 (Fla. 1990).
Stall v. State, 570 So. 2d 257 (Fla. 1990). “§ 847.011, Fla. Stat. (1985). [2] The 1986 statute provides, in part: (1)(a) Any person who knowingly sells, .”
State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). “Count I of the forty-seven count information charged each of the appellees with violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, [1] based upon forty-eight underlying alleged violations of section 847.011, Florida Statutes (1985 and Supp.”
Rhodes v. State, 283 So. 2d 351 (Fla. 1973). “[6] Appellant launches the following missiles of constitutional attack: (1) unlawful search and seizure precluding admission of the films into evidence; (2) non-obscenity of the films in question as a matter of law; (3) unconstitutionality of Fla. Stat. § 847.011 because: a) the…”
Meyer v. Austin, 319 F. Supp. 457 (M.D. Fla. 1970). “In addition to believing that the statute is not unconstitutional on the grounds stated by the majority, there is another reason for my declining to join in the judgment enjoining all enforcement of the civil and criminal provisions of § 847.011 Florida Statutes, F.S.A. As noted…”
Mitchem v. State Ex Rel. Schaub, 250 So. 2d 883 (Fla. 1971). “Our jurisdiction vests by virtue of a ruling by the Circuit Court that Fla. Stat. § 847.011 , F.S.A., is constitutional.”
Spears v. State, 337 So. 2d 977 (Fla. 1976). “Section 847.011, Florida Statutes (1975), another statute in the same chapter as the statute under which appellant was convicted, embodies a definition of obscenity more explicit than the "indecent or obscene" standard at issue here.”
Johnson v. State, 351 So. 2d 10 (Fla. 1977). “Appellant was charged with five violations of Florida's obscenity statute, Section 847.011, Florida Statutes, in that he knowingly sold or offered for sale certain magazines containing obscene, lewd, lascivious, filthy, indecent, sadistic, or masochistic material.”
State v. Reese, 222 So. 2d 732 (Fla. 1969). “Both informations were dismissed by the trial judge upon motion of the appellant charging that § 847.011, Fla. Stat. 1967, F.S.A., was unconstitutional and void for failure to prescribe a sufficiently ascertainable standard of guilt.”
State Ex Rel. Gerstein v. Walvick Theatre Corp., 298 So. 2d 406 (Fla. 1974). “, the trial court having expressly held F.S. § 847.011, F.S.A., unconstitutional.”
State v. Papp, 298 So. 2d 374 (Fla. 1974). “California, [3] Section 847.011, Florida Statutes, F.S.A.”
Doe v. Am. Online, Inc., 783 So. 2d 1010 (Fla. 2001). “In her six-count complaint, Doe claimed that AOL violated criminal statutes, section 847.011 [1] and section 847.0135(2), Florida Statutes (1993).”
Ladoga Canning Corp. v. McKenzie, 370 So. 2d 1137 (Fla. 1979). “After a second hearing, orders granting permanent injunctions were entered by the circuit judges, which were identical in all material respects to the previously entered orders granting temporary injunction.”
— 847.011(1) — 8 cases
Papp v. State, 281 So. 2d 600 (Fla. 4th DCA 1973).
Meyer v. Austin, 319 F. Supp. 457 (M.D. Fla. 1970). “In addition to believing that the statute is not unconstitutional on the grounds stated by the majority, there is another reason for my declining to join in the judgment enjoining all enforcement of the civil and criminal provisions of § 847.011 Florida Statutes, F.S.A. As noted…”
State v. Villafane, 444 So. 2d 71 (Fla. 4th DCA 1984).
Mank v. Hendrickson, 195 So. 2d 574 (Fla. 4th DCA 1967).
Sardiello v. State, 394 So. 2d 1016 (Fla. 1981).
— 847.011(1)(a) — 9 cases
Doe v. Am. Online, Inc., 783 So. 2d 1010 (Fla. 2001). “In her six-count complaint, Doe claimed that AOL violated criminal statutes, section 847.011 [1] and section 847.0135(2), Florida Statutes (1993).”
State v. Papp, 298 So. 2d 374 (Fla. 1974). “California, [3] Section 847.011, Florida Statutes, F.S.A.”
State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). “Count I of the forty-seven count information charged each of the appellees with violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, [1] based upon forty-eight underlying alleged violations of section 847.011, Florida Statutes (1985 and Supp.”
Ladoga Canning Corp. v. McKenzie, 370 So. 2d 1137 (Fla. 1979). “After a second hearing, orders granting permanent injunctions were entered by the circuit judges, which were identical in all material respects to the previously entered orders granting temporary injunction.”
Stall v. State, 570 So. 2d 257 (Fla. 1990). “§ 847.011, Fla. Stat. (1985). [2] The 1986 statute provides, in part: (1)(a) Any person who knowingly sells, .”
— 847.011(10) — 3 cases
Mitchum v. State, 251 So. 2d 298 (Fla. 1st DCA 1971).
South Fla. Art Theaters, Inc. v. State Ex Rel. Mounts, 224 So. 2d 706 (Fla. 4th DCA 1969).
South Florida Art Theaters, Inc. v. State ex rel. Mounts, 224 So. 2d 706 (Fla. 4th DCA 1969).
— 847.011(11) — 6 cases
Stall v. State, 570 So. 2d 257 (Fla. 1990). “§ 847.011, Fla. Stat. (1985). [2] The 1986 statute provides, in part: (1)(a) Any person who knowingly sells, .”
State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). “Count I of the forty-seven count information charged each of the appellees with violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, [1] based upon forty-eight underlying alleged violations of section 847.011, Florida Statutes (1985 and Supp.”
Golden Dolphin No. 2, Inc. v. State, Div. of Alcoholic Beverages & Tobacco, 403 So. 2d 1372 (Fla. 5th DCA 1981).
Rhodes v. State, 283 So. 2d 351 (Fla. 1973). “[6] Appellant launches the following missiles of constitutional attack: (1) unlawful search and seizure precluding admission of the films into evidence; (2) non-obscenity of the films in question as a matter of law; (3) unconstitutionality of Fla. Stat. § 847.011 because: a) the…”
Florida Literary Distrib. Corp. v. State ex rel. Garcia-Pedrosa, 460 So. 2d 1028 (Fla. 3d DCA 1985).
— 847.011(2) — 7 cases
State v. Reese, 222 So. 2d 732 (Fla. 1969). “Both informations were dismissed by the trial judge upon motion of the appellant charging that § 847.011, Fla. Stat. 1967, F.S.A., was unconstitutional and void for failure to prescribe a sufficiently ascertainable standard of guilt.”
Stall v. State, 570 So. 2d 257 (Fla. 1990). “§ 847.011, Fla. Stat. (1985). [2] The 1986 statute provides, in part: (1)(a) Any person who knowingly sells, .”
State v. Papp, 298 So. 2d 374 (Fla. 1974). “California, [3] Section 847.011, Florida Statutes, F.S.A.”
L.M.E., Inc. v. City of Hollywood, 605 F. Supp. 185 (S.D. Fla. 1985).
Webb v. English (M.D. Fla. 2021).
— 847.011(3) — 1 case
Univ. Books & Videos, Inc. v. Metro. Dade Cnty., 78 F. Supp. 2d 1327 (S.D. Fla. 1999).
— 847.011(4) — 6 cases
Golden Dolphin No. 2, Inc. v. State, Div. of Alcoholic Beverages & Tobacco, 403 So. 2d 1372 (Fla. 5th DCA 1981).
In re Stand. Jury Instructions in Crim. Cases—Report 2010-05, 87 So. 3d 679 (Fla. 2012).
Heller v. City of Ocala, 564 So. 2d 630 (Fla. 5th DCA 1990).
Carlisle v. State ex rel. Smith, 319 So. 2d 624 (Fla. 4th DCA 1975).
State v. MacDonald, 33 Fla. Supp. 2d 98 (Fla. Cir. Ct. 1989).
— 847.011(5) — 1 case
United States v. Rocha (C.A.A.F. 2026).
— 847.011(6) — 1 case
State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). “Count I of the forty-seven count information charged each of the appellees with violating the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, [1] based upon forty-eight underlying alleged violations of section 847.011, Florida Statutes (1985 and Supp.”
— 847.011(7) — 13 cases
Meyer v. Austin, 319 F. Supp. 457 (M.D. Fla. 1970). “In addition to believing that the statute is not unconstitutional on the grounds stated by the majority, there is another reason for my declining to join in the judgment enjoining all enforcement of the civil and criminal provisions of § 847.011 Florida Statutes, F.S.A. As noted…”
For Adults Only, Inc. v. State ex rel. Gerstein, 257 So. 2d 912 (Fla. 3d DCA 1972).
Roberts v. State, 373 So. 2d 672 (Fla. 1979).
State v. Globe Commc'ns Corp., 622 So. 2d 1066 (Fla. 4th DCA 1993).
Skyywalker Records, Inc. v. Navarro, 739 F. Supp. 578 (S.D. Fla. 1990).
— 847.011(7)(c) — 1 case
South Fla. Art Theaters, Inc. v. State Ex Rel. Mounts, 224 So. 2d 706 (Fla. 4th DCA 1969).
— 847.011(8) — 5 cases
Bayside Enter., Inc. v. Carson, 450 F. Supp. 696 (M.D. Fla. 1978).
Ladoga Canning Corp. v. McKenzie, 370 So. 2d 1137 (Fla. 1979). “After a second hearing, orders granting permanent injunctions were entered by the circuit judges, which were identical in all material respects to the previously entered orders granting temporary injunction.”
Skyywalker Records, Inc. v. Navarro, 739 F. Supp. 578 (S.D. Fla. 1990).
Ellwest Stereo Theatres, Inc. v. Nichols, 403 F. Supp. 857 (M.D. Fla. 1975).
State v. Samscot Enter., Inc., 297 So. 2d 69 (Fla. 4th DCA 1974).
— 847.011(8)(b) — 2 cases
Rhodes v. State, 283 So. 2d 351 (Fla. 1973). “[6] Appellant launches the following missiles of constitutional attack: (1) unlawful search and seizure precluding admission of the films into evidence; (2) non-obscenity of the films in question as a matter of law; (3) unconstitutionality of Fla. Stat. § 847.011 because: a) the…”
Fairvilla Twin Cinema II v. State ex rel. Eagan, 353 So. 2d 908 (Fla. 4th DCA 1977).
— 847.011(9) — 3 cases
Skyywalker Records, Inc. v. Navarro, 739 F. Supp. 578 (S.D. Fla. 1990).
South Florida Art Theaters, Inc. v. State ex rel. Mounts, 224 So. 2d 706 (Fla. 4th DCA 1969).
South Fla. Art Theaters, Inc. v. State Ex Rel. Mounts, 224 So. 2d 706 (Fla. 4th DCA 1969).
— 847.011(b) — 1 case
State v. Porter, 35 Fla. Supp. 2d 42 (Fla. Cir. Ct. 1987).
— 847.011(l)(a) — 4 cases
Parker v. State, 81 So. 3d 451 (Fla. 2d DCA 2011).
State v. Gayety Theatres, Inc., 521 So. 2d 231 (Fla. 3d DCA 1988).
Miragaya v. State, 654 So. 2d 262 (Fla. 2d DCA 1995).
J.S. v. State, 138 So. 3d 504 (Fla. 5th DCA 2014).
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