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Florida Statute 847.0125 | Lawyer Caselaw & Research
F.S. 847.0125 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 847.0125

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
F.S. 847.0125
847.0125 Retail display of materials harmful to minors prohibited.
(1) “KNOWINGLY” DEFINED.As used in this section, “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(2) OFFENSES AND PENALTIES.
(a) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the cover of which depicts material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such items shall, however, be displayed, either individually or collectively, behind an opaque covering which conceals the book, magazine, or other printed material.
(b) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the content of which exploits, is devoted to, or is principally made up of descriptions or depictions of material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.
(c) A violation of any provision of this section constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 78-273; s. 1, ch. 79-96; s. 2, ch. 83-77; s. 3, ch. 86-38; s. 4, ch. 86-238; s. 212, ch. 91-224; s. 14, ch. 2010-117.

F.S. 847.0125 on Google Scholar

F.S. 847.0125 on Casetext

Amendments to 847.0125


Arrestable Offenses / Crimes under Fla. Stat. 847.0125
Level: Degree
Misdemeanor/Felony: First/Second/Third

S847.0125 - CONTRIB DELINQ MINOR - DISPLAY SELL OBSCENE MATERIAL HARMFUL TO - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. INGRAM,, 170 So. 3d 727 (Fla. 2015)

. . . , or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125 . . . , or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125 . . .

DEPARTMENT OF INSURANCE AND TREASURER v NATIONAL BENEFIT LIFE INSURANCE COMPANY, 32 Fla. Supp. 2d 179 (Fla. Div. Admin. Hearings 1988)

. . . See, e.g., Sections 847.012, 847.0125 and 847.013, Florida Statutes (1987). . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . 828.122, 831.31(l)(b), 832.041, 832.05(2), 837.05, 837.06, 843.02, 843.13, 843.17, 847.011(1), (2), (4), 847.0125 . . .

NEW YORK v. FERBER, 458 U.S. 747 (U.S. 1982)

. . . . § 847.0125 (1981). . . .