Florida Statute 847.013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.013

847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.—

(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 motion picture described herein which is reasonably susceptible of examination by the defendant, or the character of any exhibition, presentation, representation, or show described herein, other than a motion picture show, which is reasonably susceptible of being ascertained by the defendant; and

(b) The age of the minor.

(2) MINOR’S AGE.—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 a violation of this section.

(3) OFFENSES AND PENALTIES.—

(a) A person may not knowingly exhibit for a monetary consideration to a minor or knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.

(b) A person may not knowingly rent or sell, or loan to a minor for monetary consideration, a videocassette or a videotape of a motion picture, or similar presentation, which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.

(c) The provisions of paragraph (a) do not apply to a minor when the minor is accompanied by his or her parents or either of them.

(d) A minor may not falsely represent to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that the minor is 17 years of age or older, with the intent to procure the minor’s admission to such premises, or the minor’s purchase or rental of a videotape, for a monetary consideration.

(e) A person may not knowingly make a false representation to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of age or older, with intent to procure the minor’s admission to the premises or to aid the minor in procuring admission thereto, or to aid or enable the minor’s purchase or rental of a videotape, for a monetary consideration.

(f) A violation of any provision of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) INJUNCTIVE PROCEEDINGS.—

(a) The circuit court has jurisdiction to enjoin a threatened violation of subsection (2) upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney.

(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person or persons complained of until final hearing or further order of the court. Whenever the relator requests a judge of the court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. An order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the person or persons restrained of the time when and place where the application for the restraining order is to be heard. However, the notice shall be dispensed with when it is manifest to the judge, from the allegations of a sworn complaint or independent affidavit, sworn to by the relator or by some person associated with him or her in the field of law enforcement and filed by the relator, that the apprehended violation will be committed if an immediate remedy is not afforded.

(c) The person or persons sought to be enjoined are 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 after the conclusion of the trial.

(d) In any action brought as provided in this section, a bond or undertaking is not required of the state or the relator state attorney before the issuance of a restraining order provided for by this section, and there is no liability on the part of the state or the relator state attorney for costs or damages sustained by reason of such restraining order in any case in which a final decree is rendered in favor of the person or persons sought to be enjoined.

(e) Every person who has possession, custody, or control of, or otherwise deals with, any motion picture, exhibition, show, representation, or presentation described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents or character thereof.

(5) LEGISLATIVE INTENT.—In order to make the application and enforcement of this section uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons under 17 years of age to harmful motion pictures, exhibitions, shows, representations, presentations, and commercial or sexual exploitation. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1969, and relating to such subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to that subject on or after such effective date.

History.—ss. 1, 2, 3, 4, ch. 69-10; s. 1055, ch. 71-136; s. 34, ch. 73-334; s. 3, ch. 83-77; s. 4, ch. 86-38; s. 5, ch. 86-238; s. 6, ch. 88-283; s. 1350, ch. 97-102; s. 4, ch. 2008-120.

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.”

F.S. 847.013 on Google Scholar

F.S. 847.013 on Casetext

Amendments to 847.013

Arrestable Offenses / Crimes under Fla. Stat. 847.013

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

S847.013 - OBSCENE MATERIAL-SELL - SELL RENT TO MINOR HARMFUL VIDEO - M: F

S847.013 2a - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 6468 - M: F

S847.013 2d - FRAUD - RENUMBERED. SEE REC # 6469 - M: F

S847.013 2e - FRAUD-IMPERSON - RENUMBERED. SEE REC # 6470 - M: F

S847.013 3a - OBSCENITY - EXHIBIT SELL RENT VIDEO TICKET HARM MINOR - M: F

S847.013 3b - OBSCENE MATERIAL-SELL - SELL RENT VIDEO HARMFUL TO MINOR - M: F

S847.013 3d - OBSCENITY - MINOR MISREPRESENT AGE TO GAIN ENTRANCE - M: F

S847.013 3e - OBSCENITY - MISREP SELF AS MINOR PARENT TO VIEW OBSCENITY - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 847.013

Total Results: 14

State of Florida v. Lawrence Andrew Ingram

Court: Fla. | Date Filed: 2015-07-02T00:00:00-07:00

Citation: 170 So. 3d 727, 40 Fla. L. Weekly Supp. 402, 2015 Fla. LEXIS 1433

Snippet: 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which reveals that…794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully

State v. Cohen

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-02T00:53:00-07:00

Citation: 696 So. 2d 435

Snippet: same terms are used without definition in section 847.013, entitled "Exposing minors to harmful motion

Jones v. State

Court: Fla. | Date Filed: 1994-05-26T00:53:00-07:00

Citation: 640 So. 2d 1084

Snippet: to commit a sexual battery on a minor); id., § 847.013 (prohibiting the sale or loan of videotapes depicting

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-06-04T00:53:00-07:00

Citation: 619 So. 2d 418

Snippet: with a variety of subjects. See, e.g., section 847.013 (exposing minors to obscene motion pictures and

Stall v. State

Court: Fla. | Date Filed: 1990-10-11T00:53:00-07:00

Citation: 570 So. 2d 257

Snippet: prohibiting the sale of pornography to minors. § 847.013, Fla. Stat. (1989). I am aware that many people

State v. Long

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-30T23:53:00-08:00

Citation: 544 So. 2d 219

Snippet: Statutes: .... 23. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature

Kelly v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-06-01T00:00:00-07:00

Citation: 527 So. 2d 847, 13 Fla. L. Weekly 1307, 1988 Fla. App. LEXIS 2245, 1988 WL 54201

Snippet: Anstead, Glickstein, Gunther 1 June 1988 527 So. 2d 847, 13 Fla. L. Weekly 1307, 1988 Fla. App. LEXIS 2245,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-05-30T00:53:00-07:00

Snippet: on or after [July 1, 1973]. (e.s.) And see, s. 847.013(4), F.S. (state preemption of same field with respect… respect to minors, as defined in s. 847.013[1][a], F.S., to mean "any person under the age of 18…regulate in the area of obscenity" that s. 847.013(4), F.S., and Ch. 73-120, Laws of Florida (ss.847.07…, and presentations, I am of the view that ss. 847.013(4) and 847.09(1), F.S., operate to preclude Collier…view of the state preemption of the field in ss. 847.013(4) and 847.09, F.S., Sincerely, Jim Smith Attorney

Bowden v. State

Court: Fla. | Date Filed: 1981-07-30T00:53:00-07:00

Citation: 402 So. 2d 1173

Snippet: of justice. 22. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature

Johnson v. State

Court: Fla. | Date Filed: 1977-06-09T00:53:00-07:00

Citation: 351 So. 2d 10

Snippet: testify as to certain matters relating to Section 847.013, Florida Statutes, which penalizes the act of exposing

State v. Aiuppa

Court: Fla. | Date Filed: 1974-05-01T00:53:00-07:00

Citation: 298 So. 2d 391

Snippet: So.2d 483 (Fla. 1973), held that Fla. Stat. § 847.013, F.S.A., met the "specific definition"

Davison v. State

Court: Fla. | Date Filed: 1973-12-19T23:53:00-08:00

Citation: 288 So. 2d 483

Snippet: .2d 993. [3] Fla. Stat. § 847.013, F.S.A. [4] In point of fact, § 847.013 exceeds the minimum requirements…our previous opinion[1] involving Fla. Stat. § 847.013, F.S.A., in light of the recent "cluster"… the constitutionality vel non of Fla. Stat. § 847.013 [F.S.A.]; (2) whether the seizure of the motion…the constitutionality of the present statute, § 847.013 (Minors). Moreover, there is more substantive ground…operator was arrested for violation of Fla. Stat. § 847.013, F.S.A., and prints of the films in question were

Rhodes v. State

Court: Fla. | Date Filed: 1973-09-19T00:53:00-07:00

Citation: 283 So. 2d 351

Snippet: sections of the obscenity statutes, §§ 847.012 and 847.013, as to persons under 17 years of age, give explicit

Davison v. State

Court: Fla. | Date Filed: 1971-07-07T00:53:00-07:00

Citation: 251 So. 2d 841

Snippet: convicted by a jury of violating Fla. Stat. § 847.013, F.S.A. by knowingly admitting a minor for a monetary…appellant was arrested for violation of Fla. Stat. § 847.013, F.S.A., and prints of the films shown were taken…constitutionality of the statute. Fla. Stat. § 847.013, F.S.A. provides that it is unlawful to "knowingly… against the constitutionality of Fla. Stat. § 847.013, F.S.A. which reach beyond the pertinent facts …account of an alleged violation of Fla. Stat. § 847.013(2) (a), F.S.A. See Milky Way Productions, Inc.