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Florida Statute 847.13 - Full Text and Legal Analysis
Florida Statute 847.013 | Lawyer Caselaw & Research
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F.S. 847.013 Case Law from Google Scholar Google Search for Amendments to 847.013

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
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 CourtListener

Amendments to 847.013


Annotations, Discussions, Cases:

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

Cases Citing Statute 847.013

Total Results: 13

Jones v. State

640 So. 2d 1084, 1994 WL 202545

Supreme Court of Florida | Filed: May 26, 1994 | Docket: 1719017

Cited 44 times | Published

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

Stall v. State

570 So. 2d 257, 1990 WL 154236

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

Cited 27 times | Published

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

State v. Aiuppa

298 So. 2d 391

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

Cited 19 times | Published

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

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

misdemeanor of the first degree"). [64] See Fla. Stat. § 847.013(2)(a) ("It is unlawful for any person knowingly

State v. Cohen

696 So. 2d 435, 1997 WL 360971

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696112

Cited 15 times | Published

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

Function Junction, Inc. v. City of Daytona Beach

705 F. Supp. 544, 1987 WL 49622

District Court, M.D. Florida | Filed: Jan 27, 1988 | Docket: 1806357

Cited 15 times | Published

abuse and is harmful to minors, all as defined in § 847.013, F.S., as may be amended, and admission of minors

Jones v. State

619 So. 2d 418, 1993 WL 186548

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 307734

Cited 14 times | Published

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

Johnson v. State

351 So. 2d 10

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

Cited 12 times | Published

testify as to certain matters relating to Section 847.013, Florida Statutes, which penalizes the act

Davison v. State

251 So. 2d 841

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

Cited 7 times | Published

was convicted by a jury of violating Fla. Stat. § 847.013, F.S.A. by knowingly admitting a minor for a monetary

Davison v. State

288 So. 2d 483

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

Cited 4 times | Published

our previous opinion[1] involving Fla. Stat. § 847.013, F.S.A., in light of the recent "cluster" of U

Red-Eyed Jack, Inc. v. City of Daytona Beach

165 F. Supp. 2d 1322, 2001 U.S. Dist. LEXIS 21588, 2001 WL 1044897

District Court, M.D. Florida | Filed: Jul 25, 2001 | Docket: 2385575

Cited 3 times | Published

is harmful to minors, all as defined in F.S. § 847.013, as it may be amended. [3] See Appendix A. [4]

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

Act prohibits. 15 Florida Statutes, Section 847.013(3)(a), for example, makes it a misdemeanor

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

Act prohibits. 15 Florida Statutes, Section 847.013(3)(a), for example, makes it a misdemeanor