The 2023 Florida Statutes
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DCA (May 27, 2015), Hamilton was charged with one count of Florida Statute 847.0135(3)(a) and one count of Florida Statute 934.215 "unlawful use of a 2-way communications device." He used his device to contact the victim over multiple days in 2012. However, the appeal court in that case pointed out that 847.013 5(3)(a) statute subsumes the conversation that lasted over several days and the 934.215 charge was unnecessary and/or double jeopardy.A public employee or officer who has access to a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly disclose videotaped information that reveals the minor's identity to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. § 119.071(2)(j)2.b., Fla. Stat.b. Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03; orb. Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, . 847.013, s. 847.0135, or s. 877.26, or an offense that was found, pursuant to s. 874.04, to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as defined in s. 874.03; orWhen an officer knocked on the hotel room door, one of the girls answered. Officers observed M.M. in the room along with another girl, "Alma," whom the officers knew, from previous encounters, to be 15 years old. Trial Tr. Vol. III at 89. The officers also noticed pornographic DVD's sitting out in plain view. Id. at 90. Based on their observations, the officers had probable cause to suspect a violation of Florida Statute section 847.013, which makes it a first degree misdemeanor to expose a minor to motion pictures depicting nudity or sexual conduct. F.S. § 847.013( 3). The officers then entered the hotel room with no objection from the occupants. Because the officers knew that men had been streaming into and out of the hotel room, that at least one of the females was underage, and that pornography was in the room, the officers had probable cause to suspect criminal activity, and had authority to enter the hotel, at a minimum, under exigent circumstances to prevent the destruction of evidence - specifically, the pornographic movies. See United States v. Forker, 928 F.2d 365, 369-70 (11th Cir. 1991) (the need to prevent the destruction of evidence is an exigent… See Fla. Stat. § 847.013(2)(a) ("It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to 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 exhibit 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").A use which exhibits any motion picture, exhibition, show, live show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and is harmful to minors, all as defined in F.S. § 847.013, as it may be amended.The same terms are used without definition in section 847.013, entitled "Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations."See, e.g., Alaska Stat. Ann. § 11.66.300 (1996) (no minors in "adult entertainment" places); Ariz. Rev. Stat. Ann. § 13-3556 (1989) (no minors in places where people expose themselves); Ark. Code Ann. §§ 5-27-223, 5-27-224 (1993) (no minors in poolrooms and bars); Colo. Rev. Stat. § 18-7-502(2) (1986) (no minors in places displaying movies or shows that are "harmful to children"); Del. Code Ann., Tit. 11, § 1365(i)(2) (1995) (same); D.C. Code Ann. § 22-2001(b)(1)(B) (1996) (same); Fla. Stat. § 847.013( 2) (1994) (same); Ga. Code Ann. § 16-12-103(b) (1996) (same); Haw. Rev. Stat. § 712-1215(1)(b) (1994) (no minors in movie houses or shows that are "pornographic for minors"); Idaho Code § 18-1515(2) (1987) (no minors in places displaying movies or shows that are "harmful to minors"); La. Rev. Stat. Ann. § 14:91.11(B) (West 1986) (no minors in places displaying movies that depict sex acts and appeal to minors' prurient interest); Md. Ann. Code, Art. 27, § 416E (1996) (no minors in establishments where certain enumerated acts are performed or portrayed); Mich. Comp. Laws § 750.141 (1991) (no minors without an adult in places where alcohol is sold); Minn. Stat. § 617.294… See, e.g., § 794.011, Fla. Stat. (1993) (making it a felony of varying degrees to commit a sexual battery on a minor); id., § 847.013 (prohibiting the sale or loan of videotapes depicting sexual conduct to minors); id., § 847.0133 (prohibiting the distribution of obscene materials to minors); id., § 847.0145 (prohibiting the sale or custodial transfer of minors with knowledge that they may be involved in portraying or engaging in sexually explicit conduct).. . . sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013 . . . sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013 . . .
. . . Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. . . .
. . . . § 847.013(2)(a) ("It is unlawful for any person knowingly to exhibit for a monetary consideration to . . .
. . . . § 847.013, as it may be amended. . See Appendix A. . See Appendix B. . . . .
. . . The same terms are used without definition in section 847.013, entitled "Exposing minors to harmful motion . . .
. . . . § 847.013(2) (1994) (same); Ga. Code Ann. § 16—12—103(b) (1996) (same); Haw. Rév. . . .
. . . Fla.Stat. (1993) (making it a felony of varying degrees to commit a sexual battery on a minor); id., § 847.013 . . .
. . . See, e.g., section 847.013 (exposing minors to obscene motion pictures and shows); section 847.0133 ( . . .
. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating, to obscene literature and . . .
. . . See, e.g., Sections 847.012, 847.0125 and 847.013, Florida Statutes (1987). . . .
. . . conduct, sexual excitement, or sadomasochistic abuse and is harmful to minors, all as defined in § 847.013 . . . , F.S., as may be amended, and admission of minors to which is unlawful in accordance with § 847.013, . . . While the amended zoning ordinance defines an adult theater, Florida Statutes, chapter 847, section 847.013 . . .
. . . (b), 832.041, 832.05(2), 837.05, 837.06, 843.02, 843.13, 843.17, 847.011(1), (2), (4), 847.0125(2), 847.013 . . .
. . . conduct in the presence of minors, it would have done so, as it did in regard to pornography in section 847.013 . . .
. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and . . .
. . . progress of the trial the witnesses were allowed to testify as to certain matters relating to Section 847.013 . . .
. . . . § 847.013, F.S.A., met the “specific definition” requirements of Miller on its face, in that it specifically . . .
. . . . § 847.013, F. S.A., in light of the recent “cluster” of U. S. . . . Stat. § 847.013 [F.S.A.]; (2) whether the seizure of the motion picture films in question was improper . . . On February 14, the appellant theatre operator was arrested for violation of Fla.Stat. § 847.013, F.S.A . . . Virginia, 413 U.S. 836, 93 S.Ct. 2803, 37 E.Ed.2d 993. .Fla.Stat. § 847.013, F.S.A. . . . . Fla.Stat. § 847.013 (1) (f) (3), F.S.A. . . . . Section 847.013, F.S.A., because I have said in a special opinion in Rhodes v. . . . Section 847.013, F.S.A. . . . The statute, Section 847.013, requires scienter, the knowing exhibit by a defendant to a minor of a movie . . .
. . . The next sections of the obscenity statutes, §§ 847.012 and 847.013, as to persons under 17 years of . . .
. . . be construed to repeal or in any way supersede the provisions of Sec. 847.011, Sec. 847.012, or Sec. 847.013 . . .
. . . . § 847.013, F.S.A. by knowingly admitting a minor for a monetary consideration to an exhibition of motion . . . On February 14, appellant was arrested for violation of Fla.Stat. § 847.013, F.S.A., and prints of the . . . Fla.Stat. § 847.013, F.S.A. provides that it is unlawful to “knowingly exhibit” a harmful motion picture . . . Appellant presents arguments against the constitutionality of Fla.Stat. § 847.013, F.S. . . . Appellant’s second point relating to the alleged unconstitutionality of Fla.Stat. § 847.013, F.S.A. is . . . regardless of its present posture as a criminal conviction for an alleged violation of F.S. section 847.013 . . . These Federal cases when decided may give us clearer guidelines for the application of section 847.013 . . .