Florida Statute 847.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

View Entire Chapter

F.S. 847.011

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.

2.a. Except as provided in sub-subparagraph b., a person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b. A person who is convicted of violating this paragraph a second or subsequent time commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b)1. Except as provided in subparagraph 2., a person who knowingly has in his or her possession, custody, or control an obscene, child-like sex doll commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. A person who is convicted of violating this paragraph a second or subsequent time commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(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.”

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Amendments to 847.011

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.011

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

S847.011 1a - OBSCENE MATERIAL-SELL - SELLS LENDS DISTRIBUTES SUBSQ VIOLATION - F: T

S847.011 1a - OBSCENE MATERIAL-SELL - 1ST OFF - M: F

S847.011 1a - OBSCENE MATERIAL-POSSESS - TO SELL SUBSQ VIOL - F: T

S847.011 1a - OBSCENE MATERIAL-POSSESS - TO SELL 1ST OFF - M: F

S847.011 1a - OBSCENE MATERIAL-DISTRIB - LEND SUBSQ VIOL - F: T

S847.011 1a - OBSCENE MATERIAL-DISTRIB - LEND 1ST OFF - M: F

S847.011 1c - OBSCENITY - SELL LEND TRANS POSSESS OBSCENITY HARM MINOR - F: T

S847.011 2 - OBSCENE MATERIAL-POSSESS - SUBSQ OFF - M: F

S847.011 2 - OBSCENE MATERIAL-POSSESS - 1ST OFF - M: S

S847.011 3 - OBSCENITY - REQUIRE PURCHASER TO RECEIVE OBSCENE MATERIAL - F: T

S847.011 4 - OBSCENITY - PROMOTE PERFORM ETC LIVE SHOW SUBSQ OFF - F: T

S847.011 4 - OBSCENITY - PROMOTE PERFORM CONDUCT ETC LIVE SHOW 1ST OFF - M: F

S847.011 5a1 - OBSCENE MATERIAL-SELL - SELL LEND ADVERTISE CHILDLIKE SEX DOLL - F: T

S847.011 5a1 - OBSCENE MATERIAL-DISTRIB - TRANSMIT DISTRIB GIVE AWAY CHILDLIKE SEX DOLL - F: T

S847.011 5a1 - OBSCENE MATERIAL-SELL - SELL LEND ADVERTISE CHILDLIKE SEX DOLL 2ND SUB - F: S

S847.011 5a1 - OBSCENE MATERIAL-DISTRIB - TRANSMIT DISTR GIVE CHILDLIKE SEX DOLL 2ND SUB - F: S

S847.011 5b1 - OBSCENE MATERIAL-POSSESS - POSSESS CHILD-LIKE SEX DOLL - M: F

S847.011 5b1 - OBSCENE MATERIAL-POSSESS - POSSESS CHILD-LIKE SEX DOLL 2ND SUBSEQ - F: T

Cases Citing Statute 847.011

Total Results: 96

Rhodes v. State

283 So. 2d 351

Supreme Court of Florida | Filed: Sep 19, 1973 | Docket: 1490159

Cited 38 times | Published

here with the "old" Florida obscenity statute, § 847.011, which continues as law.[1] Two movie films publicly

Bayside Enterprises, Inc. v. Carson

450 F. Supp. 696, 1978 U.S. Dist. LEXIS 17663

District Court, M.D. Florida | Filed: May 18, 1978 | Docket: 2517885

Cited 35 times | Published

purposes under a nuisance theory. See Fla.Stat. § 847.011(8) (1977). However, the Florida Supreme Court

Doe v. America Online, Inc.

783 So. 2d 1010, 2001 WL 228446

Supreme Court of Florida | Filed: Mar 8, 2001 | Docket: 1259343

Cited 33 times | Published

claimed that AOL violated criminal statutes, section 847.011[1] and section 847.0135(2), Florida Statutes

Stall v. State

570 So. 2d 257, 1990 WL 154236

Supreme Court of Florida | Filed: Oct 11, 1990 | Docket: 1350025

Cited 27 times | Published

1989), which expressly declared constitutional section 847.011, Florida Statutes (1985 & Supp. 1986). We have

Bowden v. State

402 So. 2d 1173

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1691514

Cited 23 times | Published

843, relating to obstruction of justice. 22. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847

Spears v. State

337 So. 2d 977, 2 A.L.R. 4th 1325

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1735136

Cited 23 times | Published

authoritatively interpreted in the Jones case. Section 847.011, Florida Statutes (1975), another statute in

State v. Reese

222 So. 2d 732

Supreme Court of Florida | Filed: May 7, 1969 | Docket: 1753273

Cited 23 times | Published

with possession of obscene material contrary to § 847.011(2), Fla. Stat. 1967, F.S.A. Both informations

Mitchem v. State Ex Rel. Schaub

250 So. 2d 883

Supreme Court of Florida | Filed: Jul 9, 1971 | Docket: 1521419

Cited 20 times | Published

a ruling by the Circuit Court that Fla. Stat. § 847.011, F.S.A., is constitutional. Article V, § 4(2)

State v. Aiuppa

298 So. 2d 391

Supreme Court of Florida | Filed: May 1, 1974 | Docket: 1438950

Cited 19 times | Published

Circuit Judge Grossman recently held that Florida Statute 847.011, another of the state's obscenity statutes

Sawyer v. Gable

400 So. 2d 992

District Court of Appeal of Florida | Filed: Jun 16, 1981 | Docket: 1677009

Cited 17 times | Published

stolen property to the rightful owner), and Section 847.011, Florida Statutes (1973) (authorizing the return

Bayside Enterprises, Inc. v. Carson

470 F. Supp. 1140, 1979 U.S. Dist. LEXIS 12322

District Court, M.D. Florida | Filed: May 17, 1979 | Docket: 794019

Cited 17 times | Published

under the Florida obscenity statute, Fla.Stat. § 847.011 (1978). Under any imaginable construction of Code

Luke Records, Inc., a Florida Corporation Formerly Known as Skyywalker Records, Inc. v. Nick Navarro, Sheriff, Broward County, Florida

960 F.2d 134, 20 Media L. Rep. (BNA) 1114, 1992 U.S. App. LEXIS 9592, 1992 WL 79721

Court of Appeals for the Eleventh Circuit | Filed: May 7, 1992 | Docket: 1223207

Cited 12 times | Published

As They Wanna Be” is obscene under Fla. Stat. § 847.011 and the United States Constitution, contending

Johnson v. State

351 So. 2d 10

Supreme Court of Florida | Filed: Jun 9, 1977 | Docket: 1671906

Cited 12 times | Published

violations of Florida's obscenity statute, Section 847.011, Florida Statutes, in that he knowingly sold

Papp v. State

281 So. 2d 600

District Court of Appeal of Florida | Filed: Aug 6, 1973 | Docket: 1676784

Cited 10 times | Published

intention to distribute, in violation of F.S. § 847.011(1) (a), F.S. 1969, F.S.A. Papp was tried on 12

State v. Conforti

688 So. 2d 350, 1997 WL 4632

District Court of Appeal of Florida | Filed: Jan 8, 1997 | Docket: 443751

Cited 9 times | Published

with violating Florida's obscenity statute, section 847.011, Florida Statutes (1985), by the "showing,

Gayety Theatres, Inc. v. City of Miami

719 F.2d 1550, 1983 U.S. App. LEXIS 15137

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 1983 | Docket: 928379

Cited 9 times | Published

lascivious, filthy or indecent pursuant to Florida Statute 847.011, as written or construed, after said material(s)

P. A. B., Inc. v. Stack

440 F. Supp. 937, 3 Media L. Rep. (BNA) 1501, 1977 U.S. Dist. LEXIS 13430

District Court, S.D. Florida | Filed: Oct 17, 1977 | Docket: 1397833

Cited 9 times | Published

alleged violations of Florida Statute 847.011. Said Plaintiffs also attack F.S. 847.011 as unconstitutional

Mitchum v. State

251 So. 2d 298

District Court of Appeal of Florida | Filed: Aug 12, 1971 | Docket: 459307

Cited 8 times | Published

appellants assails the obscenity statute, Section 847.011, Florida Statutes, F.S.A., as unconstitutional

Grove Press, Inc. v. State Ex Rel. Gerstein

156 So. 2d 537

District Court of Appeal of Florida | Filed: Sep 17, 1963 | Docket: 446134

Cited 8 times | Published

Mahon, supra [Fla.App., 124 So.2d 878]; see also § 847.011, supra. It is for the trier of the facts to determine

State v. Globe Communications Corp.

622 So. 2d 1066, 21 Media L. Rep. (BNA) 2129, 1993 Fla. App. LEXIS 7991, 1993 WL 287721

District Court of Appeal of Florida | Filed: Aug 4, 1993 | Docket: 547054

Cited 7 times | Published

Roberts v. State, 373 So.2d 672 (Fla. 1979) [F.S. 847.011(7) authorizing seizure of obscene materials

State v. Papp

298 So. 2d 374

Supreme Court of Florida | Filed: Jun 12, 1974 | Docket: 2539649

Cited 7 times | Published

intention to distribute it in violation of Section 847.011(1)(a), Florida Statutes, F.S.A. On October

Davison v. State

251 So. 2d 841

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 459279

Cited 7 times | Published

the statute is that: "AN ANALOGOUS STATUTE, SECTION 847.011 FLORIDA STATUTES 1969, AS AUTHORITATIVELY INTERPRETED

Meyer v. Austin

319 F. Supp. 457

District Court, M.D. Florida | Filed: Aug 14, 1970 | Docket: 1960799

Cited 7 times | Published

efforts by Florida state officials to enforce Section 847.011 of the Florida Statutes, F. S.A. as related

Carroll v. City of Orlando

311 F. Supp. 967, 1970 U.S. Dist. LEXIS 12803

District Court, M.D. Florida | Filed: Feb 18, 1970 | Docket: 720034

Cited 7 times | Published

Ordinance No. 43-56-1, of the City of Orlando, and F.S. 847.011, as alleged in paragraph 5 of Plaintiffs’ complaint

Tralins v. Gerstein

151 So. 2d 19

District Court of Appeal of Florida | Filed: Mar 19, 1963 | Docket: 263746

Cited 7 times | Published

repealed § 847.01, supra, and simultaneously enacted § 847.011, Fla. Stat., F.S.A., 1961, to become effective

Doe v. America Online, Inc.

718 So. 2d 385, 1998 WL 712764

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1515084

Cited 6 times | Published

In count one, Doe alleged that AOL violated section 847.011(1)(a), Florida Statutes (1995), by knowingly

Skyywalker Records, Inc. v. Navarro

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

to believe this recording was obscene under section 847.011 of the Florida Statutes and under applicable

State v. Long

544 So. 2d 219, 1989 WL 29025

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1301178

Cited 6 times | Published

forty-eight underlying alleged violations of section 847.011, Florida Statutes (1985 and Supp. 1986). The

SOUTH FLA. ART THEATERS, INC. v. State Ex Rel. Mounts

224 So. 2d 706

District Court of Appeal of Florida | Filed: Jun 19, 1969 | Docket: 1672064

Cited 6 times | Published

The suit was filed pursuant to F.S. 1967, Section 847.011(7), F.S.A., to enjoin the said defendants from

Naturist Society, Inc. v. Fillyaw

858 F. Supp. 1559, 1994 U.S. Dist. LEXIS 10519, 1994 WL 395319

District Court, S.D. Florida | Filed: Jul 13, 1994 | Docket: 2106270

Cited 5 times | Published

obscene literature or material, as defined in section 847.011 Florida Statutes, is displayed or distributed

State v. Mitchell

624 So. 2d 859, 1993 WL 393625

District Court of Appeal of Florida | Filed: Oct 8, 1993 | Docket: 1517903

Cited 5 times | Published

this *861 case are considered in light of section 847.011, Florida Statutes (1991), to rule that Mitchell's

Martinez v. Heinrich

521 So. 2d 167, 1988 WL 7062

District Court of Appeal of Florida | Filed: Feb 5, 1988 | Docket: 1703671

Cited 5 times | Published

section 895.03(3), Florida Statutes (1985), and section 847.011(1)(a), Florida Statutes (1985). Jesus and Concepcion

United Theaters of Fla., Inc. v. State Ex Rel. Gerstein

259 So. 2d 210

District Court of Appeal of Florida | Filed: Feb 15, 1972 | Docket: 471552

Cited 5 times | Published

obscene and in violation of Florida Obscenity Law, § 847.011, Fla. Stat., F.S.A. One of its principal complaints

Mitchum v. Foster

315 F. Supp. 1387, 1970 U.S. Dist. LEXIS 10827

District Court, N.D. Florida | Filed: Jul 22, 1970 | Docket: 2263378

Cited 5 times | Published

court after examination to be obscene under Section 847.011, Florida Statutes, F.S.A. Review of that interlocutory

City News Center, Inc. v. Carson

310 F. Supp. 1018, 1970 U.S. Dist. LEXIS 12730

District Court, M.D. Florida | Filed: Feb 25, 1970 | Docket: 1599539

Cited 5 times | Published

enforcement of the Florida obscenity statute, section 847.011, in an unconstitutional manner. In addition

State v. Villafane

444 So. 2d 71

District Court of Appeal of Florida | Filed: Jan 25, 1984 | Docket: 1510716

Cited 4 times | Published

material with intent to sell, in violation of Section 847.011(1), Florida Statutes (1981). He pleaded nolo

Bucolo v. State

316 So. 2d 551

Supreme Court of Florida | Filed: Jul 9, 1975 | Docket: 2573995

Cited 4 times | Published

contested their convictions of violation of Section 847.011, Florida Statutes, commonly referred to as

Bucolo v. State

303 So. 2d 329

Supreme Court of Florida | Filed: Oct 16, 1974 | Docket: 830037

Cited 4 times | Published

contest their convictions of violation of Section 847.011, Florida Statutes, commonly referred to as

Davison v. State

288 So. 2d 483

Supreme Court of Florida | Filed: Dec 20, 1973 | Docket: 1696335

Cited 4 times | Published

these opinions with regard to the related statute § 847.011 and have upheld the statute on the basis of the

Carter v. Carson

370 So. 2d 1241

District Court of Appeal of Florida | Filed: May 22, 1979 | Docket: 1386274

Cited 3 times | Published

misdemeanor violation of the obscenity laws, Florida Statute 847.011, and each was placed under bond of $50

State v. Kraham

360 So. 2d 393

Supreme Court of Florida | Filed: May 31, 1978 | Docket: 1475023

Cited 3 times | Published

HATCHETT, Justice. We must determine whether Section 847.011, Florida Statutes (1975) which makes unlawful

Nissinoff v. Harper

212 So. 2d 666

District Court of Appeal of Florida | Filed: Jul 11, 1968 | Docket: 460561

Cited 3 times | Published

lewd and obscene within the provisions of Section 847.011, Florida Statutes, F.S.A. That section provides

Ladoga Canning Corp. v. McKenzie

370 So. 2d 1137

Supreme Court of Florida | Filed: May 3, 1979 | Docket: 1386148

Cited 2 times | Published

whether the entry of an injunction pursuant to section 847.011(8), Florida Statutes (1977), restraining a

Fontana v. State

316 So. 2d 543

Supreme Court of Florida | Filed: Jul 9, 1975 | Docket: 1746139

Cited 2 times | Published

Hillsborough County on six counts of violation of Section 847.011, Florida Statutes, in the sale of obscene magazines

State Ex Rel. Gerstein v. Walvick Theatre Corp.

298 So. 2d 406

Supreme Court of Florida | Filed: May 1, 1974 | Docket: 1439203

Cited 2 times | Published

, the trial court having expressly held F.S. § 847.011, F.S.A., unconstitutional. The factual situation

Parker v. State

81 So. 3d 451, 2011 Fla. App. LEXIS 15255, 2011 WL 4467635

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60305930

Cited 1 times | Published

intent to distribute obscene photographs. See § 847.011(l)(a), Fla. Stat. (2007).5 Neither was he charged

University Books & Videos, Inc. v. Metropolitan Dade County

78 F. Supp. 2d 1327, 1999 U.S. Dist. LEXIS 15835

District Court, S.D. Florida | Filed: Aug 27, 1999 | Docket: 2434760

Cited 1 times | Published

scientific value for minors." Fla. Statutes Ann. § 847.011(3) (West 1998) (emphasis added). The Court must

State v. Cuda

622 So. 2d 502, 1993 WL 261745

District Court of Appeal of Florida | Filed: Jul 16, 1993 | Docket: 546864

Cited 1 times | Published

constitutionality of Florida's obscenity statute, section 847.011, Florida Statutes, which denounced the sale

L.M.E., Inc. v. City of Hollywood

605 F. Supp. 185

District Court, S.D. Florida | Filed: Apr 19, 1985 | Docket: 1247772

Cited 1 times | Published

prior adjudication of obscenity. Florida Statute § 847.011(1)(a) makes the knowing exhibition of an obscene

L.M.E., Inc. v. City of Hollywood

605 F. Supp. 185

District Court, S.D. Florida | Filed: Apr 19, 1985 | Docket: 1247772

Cited 1 times | Published

prior adjudication of obscenity. Florida Statute § 847.011(1)(a) makes the knowing exhibition of an obscene

Roberts v. State

373 So. 2d 672

Supreme Court of Florida | Filed: Jul 18, 1979 | Docket: 1772116

Cited 1 times | Published

after seizure, which upheld the validity of section 847.011(7), Florida Statutes (1975). Our jurisdiction

Ellwest Stereo Theatres, Inc. v. Nichols

403 F. Supp. 857, 1975 U.S. Dist. LEXIS 15632

District Court, M.D. Florida | Filed: Oct 22, 1975 | Docket: 1178046

Cited 1 times | Published

constitutionality of Florida Obscenity Statutes Section 847.011,[1] alleging that utilization of this statute

Smyl, Inc. v. Gerstein

364 F. Supp. 1302, 1973 U.S. Dist. LEXIS 11899

District Court, S.D. Florida | Filed: Sep 14, 1973 | Docket: 66089809

Cited 1 times | Published

previous Florida obscenity law, Fla.Stat. Ch. 847, § 847.011 (1967), F.S.A., was held unconstitutional and

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

person before an au- dience,” Fla. Stat. § 847.011(4), distribution of “obscene material to a minor

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

person before an au- dience,” Fla. Stat. § 847.011(4), distribution of “obscene material to a minor

J.S. v. State

138 So. 3d 504

District Court of Appeal of Florida | Filed: Apr 25, 2014 | Docket: 60240689

Published

transmit or show obscene matter, in violation of section 847.011(l)(a) & (c), Florida Statutes (2012). He argues

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

87 So. 3d 679, 2012 WL 399879

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308030

Published

WITH OBSCENE MATERIALS — PROMOTING OR PERFORMING § 847.011(4), Fla.Stat. To prove the crime of (crime charged)

Ago

Florida Attorney General Reports | Filed: Sep 24, 2004 | Docket: 3258599

Published

destruction guidelines for various records.13 Section 847.011(7), Florida Statutes, relating to possession

Miragaya v. State

654 So. 2d 262, 1995 Fla. App. LEXIS 4500, 1995 WL 245953

District Court of Appeal of Florida | Filed: Apr 28, 1995 | Docket: 64755892

Published

[sic] an Obscene Motion Film,” in violation of section 847.011(l)(a), Florida Statutes (1991). In his motion

Heller v. City of Ocala

564 So. 2d 630, 1990 Fla. App. LEXIS 5681, 1990 WL 108841

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 64651906

Published

the possibility of arresting appellant under section 847.011(4), Florida Statutes, was suggested by the

State v. Epler

559 So. 2d 746, 1990 Fla. App. LEXIS 2680, 1990 WL 48617

District Court of Appeal of Florida | Filed: Apr 20, 1990 | Docket: 64649655

Published

distribu-tion of obscene materials in violation of section 847.011, Florida Statutes (1987). The dismissal was

State v. Humphrey

559 So. 2d 733, 1990 Fla. App. LEXIS 2760, 1990 WL 48616

District Court of Appeal of Florida | Filed: Apr 18, 1990 | Docket: 64649650

Published

Humphrey. Humphrey was charged with violating section 847.011, Florida Statutes (1987), by possessing or

Brady v. State

553 So. 2d 316, 14 Fla. L. Weekly 2771, 1989 Fla. App. LEXIS 6713, 1989 WL 145750

District Court of Appeal of Florida | Filed: Dec 1, 1989 | Docket: 64646802

Published

conduct actually constitutes a violation of section 847.011, but not section 800.04(3). Appellant’s motion

State v. Gayety Theatres, Inc.

521 So. 2d 231, 13 Fla. L. Weekly 521, 1988 Fla. App. LEXIS 766, 1988 WL 12520

District Court of Appeal of Florida | Filed: Feb 23, 1988 | Docket: 64633138

Published

with a felony obscenity offense, pursuant to section 847.011(l)(a), Florida Statutes (Supp.1986). The trial

Florida Literary Distributing Corp. v. State ex rel. Garcia-Pedrosa

460 So. 2d 1028, 10 Fla. L. Weekly 111, 1985 Fla. App. LEXIS 11830

District Court of Appeal of Florida | Filed: Jan 2, 1985 | Docket: 64608811

Published

Tobacco, 403 So.2d 1372 (Fla. 5th DCA 1981); § 847.011(11), Fla.Stat.(1981). We agree that: While it

Golden Dolphin No. 2, Inc. v. State, Division of Alcoholic Beverages & Tobacco

403 So. 2d 1372, 1981 Fla. App. LEXIS 21231

District Court of Appeal of Florida | Filed: Sep 30, 1981 | Docket: 64585194

Published

indecent, or obscene show in violation of section 847.011(4), Florida Statutes (1977); (2) surrendered

Sardiello v. State

394 So. 2d 1016, 1981 Fla. LEXIS 2574

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 64580795

Published

distribute in violation of section 847.011, Florida Statutes (1977). Section 847.011(1) provides: (l)(a) A

Schergen v. State

371 So. 2d 575, 1979 Fla. App. LEXIS 14802

District Court of Appeal of Florida | Filed: Jun 1, 1979 | Docket: 64570412

Published

with intent to distribute in violation of Section 847.011, Florida Statutes (1975). The counts may be

Gayety Theatres, Inc. v. State ex rel. Gerstein

359 So. 2d 915, 1978 Fla. App. LEXIS 16109

District Court of Appeal of Florida | Filed: Jun 20, 1978 | Docket: 64564958

Published

“Deep Throat” on grounds of obscenity under Section 847.011, Florida Statutes (1977). No appeal was taken

Fairvilla Twin Cinema II v. State ex rel. Eagan

353 So. 2d 908, 1977 Fla. App. LEXIS 16981

District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 64562111

Published

[sic] and Her All Girl Band,” in violation of Section 847.011, Florida Statutes (1975). The complaint further

Barlow v. State

345 So. 2d 758, 1977 Fla. App. LEXIS 15843

District Court of Appeal of Florida | Filed: Apr 7, 1977 | Docket: 64558434

Published

selling obscene materials, in violation of Florida Statute 847.011 (1975), each charge a misdemeanor. Although

Spears v. State

337 So. 2d 977, 2 A.L.R. 4th 1325, 1976 Fla. LEXIS 4510

Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 64555288

Published

authoritatively interpreted in the Jones case. Section 847.011, Florida Statutes (1975), another statute in

Caplan v. State

336 So. 2d 1154, 1976 Fla. LEXIS 4481

Supreme Court of Florida | Filed: Jul 21, 1976 | Docket: 64554906

Published

Record in and for Pinel-las County of violating Section 847.-011(l)(a), Florida Statutes (1975), which proscribes

Carlisle v. State ex rel. Smith

319 So. 2d 624, 1975 Fla. App. LEXIS 15356

District Court of Appeal of Florida | Filed: Oct 3, 1975 | Docket: 64549427

Published

jurisdiction to conduct a hearing pursuant to F.S. § 847.011(7), provided such proceeding does not embrace

Caplan v. State

317 So. 2d 855, 1975 Fla. App. LEXIS 13850

District Court of Appeal of Florida | Filed: Aug 22, 1975 | Docket: 64548802

Published

obscene film in violation of Florida Statutes, Section 847.011(1) (a), (1969), (Case No. 71-846). All counts

Law v. State

316 So. 2d 545, 1975 Fla. LEXIS 3538

Supreme Court of Florida | Filed: Jul 9, 1975 | Docket: 64548327

Published

materials in violation of Florida Statute Section 847.011. The offenses allegedly occurred during the

State v. U & L Theatres, Inc.

307 So. 2d 879, 1974 Fla. App. LEXIS 7324

District Court of Appeal of Florida | Filed: Dec 10, 1974 | Docket: 64544369

Published

reason to believe that there was a violation of § 847.011, Fla.Stat., F.S.A. [the exhibiting of obscene

State v. Samscot Enterprises, Inc.

297 So. 2d 69, 1974 Fla. App. LEXIS 6785

District Court of Appeal of Florida | Filed: Jun 14, 1974 | Docket: 64539964

Published

enforcement of the state’s obscenity law (Section 847.011, Florida Statutes, F.S.A.). The State, plaintiff

Basilone v. State

286 So. 2d 616, 1973 Fla. App. LEXIS 6330

District Court of Appeal of Florida | Filed: Aug 10, 1973 | Docket: 64535986

Published

the offense with which Basilone was charged Section 847.011 had been authoritatively construed in the case

Marks v. State

262 So. 2d 479, 1972 Fla. App. LEXIS 6771

District Court of Appeal of Florida | Filed: May 23, 1972 | Docket: 64526052

Published

selling obscene magazines in violation of Fla.Stat. § 847.011, F.S.A. The scope of our review under such conditions

Art Theatre Enterprises, Inc. v. State ex rel. Gerstein

260 So. 2d 267, 1972 Fla. App. LEXIS 6960

District Court of Appeal of Florida | Filed: Apr 4, 1972 | Docket: 64525188

Published

judgment based upon a complaint filed under section 847.011 of the Florida Statutes that the defendants’

Paris Follies, Inc. v. State ex rel. Gerstein

259 So. 2d 532, 1972 Fla. App. LEXIS 7123

District Court of Appeal of Florida | Filed: Mar 21, 1972 | Docket: 64524899

Published

trailers which are obscene and contrary to Florida Statute 847.011 [F.S.A.] at any of the aforesaid theatres

Little Beaver Theatre, Inc. v. State ex rel. Gerstein

259 So. 2d 217, 1972 Fla. App. LEXIS 7089

District Court of Appeal of Florida | Filed: Feb 29, 1972 | Docket: 64524801

Published

appellant challenges the constitutionality of § 847.011, Fla.Stat., F.S.A. The statute has been held constitutional

For Adults Only, Inc. v. State ex rel. Gerstein

257 So. 2d 912, 1972 Fla. App. LEXIS 7415

District Court of Appeal of Florida | Filed: Jan 18, 1972 | Docket: 64524374

Published

from a permanent injunction issued pursuant to § 847.011(7), Fla.Stat., F.S.A. On appeal defendants argue

May v. Harper

250 So. 2d 880, 1971 Fla. LEXIS 3563

Supreme Court of Florida | Filed: Jul 7, 1971 | Docket: 64521559

Published

of Record of Escambia County found Fla.Stat. § 847.011, F.S.A., to be constitutional insofar as it related

Martin v. State

248 So. 2d 643, 1971 Fla. LEXIS 3718

Supreme Court of Florida | Filed: May 26, 1971 | Docket: 64520702

Published

for Bay County, Florida, for violation of Section 847.011, Florida Statutes, F.S.A. (included in F.S

Mitchum v. State

244 So. 2d 159, 1971 Fla. App. LEXIS 6978

District Court of Appeal of Florida | Filed: Jan 26, 1971 | Docket: 64518768

Published

selling obscene literature in violation of Section 847.011, Florida Statutes, F.S.A., and further holding

Aalto v. Gerstein

320 F. Supp. 652, 1970 U.S. Dist. LEXIS 9064

District Court, S.D. Florida | Filed: Dec 22, 1970 | Docket: 66066968

Published

2281, et seq., and a declaration that Florida Statute 847.011, F.S.A., the Florida obscenity prohibition

Mitchum v. McAuley

311 F. Supp. 479, 1970 U.S. Dist. LEXIS 12584

District Court, N.D. Florida | Filed: Mar 9, 1970 | Docket: 66061359

Published

Sheriff’s Department for violation of Florida Statute 847.-011(1) (a), F.S.A. for possession of obscene

HMH Publishing Co. v. Oldham

306 F. Supp. 495, 1969 U.S. Dist. LEXIS 8797

District Court, M.D. Florida | Filed: Oct 15, 1969 | Docket: 66057907

Published

the constitutionality of Florida Statutes, Section 847.011(7), F.S.A., under attack here, as that matter

Mandell v. Carson

309 F. Supp. 326, 1969 U.S. Dist. LEXIS 13763

District Court, M.D. Florida | Filed: Oct 8, 1969 | Docket: 66059528

Published

the criminal provisions of Florida Statutes, Section 847.-011, F.S.A., and that the constitutionality of

State ex rel. Hallowes v. Reeves

224 So. 2d 285, 1969 Fla. LEXIS 2233

Supreme Court of Florida | Filed: Jul 2, 1969 | Docket: 64510402

Published

of the trial Court holding unconstitutional Section 847.011,. Florida Statutes, F.S.A., generally known

South Florida Art Theaters, Inc. v. State ex rel. Mounts

224 So. 2d 706, 1969 Fla. App. LEXIS 5558

District Court of Appeal of Florida | Filed: Jun 19, 1969 | Docket: 64510542

Published

The suit was filed pursuant to F.S. 1967, Section 847.011(7), F.S.A., to enjoin the said defendants from

Mank v. Hendrickson

195 So. 2d 574

District Court of Appeal of Florida | Filed: Feb 24, 1967 | Docket: 64499939

Published

employed. Appellees were charged under F.S.A. § 847.011(1) (a), having to do with certain obscene photographs

State ex rel. Springer v. Smith

189 So. 2d 846, 1966 Fla. App. LEXIS 4823

District Court of Appeal of Florida | Filed: Sep 2, 1966 | Docket: 64498024

Published

showing of obscene films in violation of F.S.A. § 847.011, which in turn violated section 20-16 of the same

Grove Press, Inc. v. State ex rel. Gerstein

152 So. 2d 177, 1963 Fla. App. LEXIS 3602

District Court of Appeal of Florida | Filed: May 1, 1963 | Docket: 60211492

Published

matter dealing with the unconstitutionality of F.S. 847.-011, reserving other grounds of appeal raised.”