Arrestable Offenses / Crimes under Fla. Stat. 847.0133
S847.0133 1 - OBSCENE MATERIAL-SELL - SELL RENT LOAN GIVE OBSCENE MATERIAL TO MINOR - F: T
S847.0133 1 - OBSCENE MATERIAL-DISTRIB - DISTRB TRANSMIT SHOW OBSCENE MATERIAL TO MINOR - F: T
S847.0133 3 - OBSCENE MATERIAL-DISTRIB - RENUMBERED. SEE REC # 9069 - F: T
S847.0133 3 - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 9068 - F: T
S847.0133 - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 8389 - F: T
S847.0133 - OBSCENE MATERIAL-DISTRIB - RENUMBERED. SEE REC # 8390 - F: T
CopyCited 44 times | Published | Supreme Court of Florida | 1994 WL 202545
...I therefore concur with the majority. NOTES [1] 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)....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1993 WL 186548
...1. Also demonstrating Florida's policy of expanded protection of minors from harmful explicit sexual conduct are other statutes which deal with a variety of subjects. See, e.g., section
847.013 (exposing minors to obscene motion pictures and shows); section
847.0133 (protection of minors; prohibition of certain acts in connection with obscenity; penalty); section
847.0145 (selling or buying minors to engage in sexually explicit conduct for the purpose of visually depicting it)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992726
...*1176 PER CURIAM. Richard N. Foburg appeals his convictions of handling and fondling C.U., a child under the age of sixteen, in violation of section
800.04(1), Florida Statutes (1995); transmitting or showing the minor C.U. obscene material, in violation of section
847.0133; and three counts of causing or encouraging the minors C.U., M.A., and T.A....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1113577
...Wegner appeals from his convictions for receiving computer transmissions of descriptive or identifying information about a minor for the purpose of sexual conduct with a child, in violation of section
847.0135(2)(d), Florida Statutes (2000), and for showing obscene material to a minor, in violation of section
847.0133, Florida Statutes (2000)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2012 WL 280238, 2012 Fla. App. LEXIS 1324
...dent, involving multiple officers); Hill v. State,
711 So.2d 1221 (Fla. 1st DCA 1998) ("a/any" test applied in the context of felony possession of firearms); Thibeault v. State,
732 So.2d 28 (Fla. 2d DCA 1999) ("a/any" test applied in the context of section
847.0133 punishing the transmission of obscene material to a minor)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 22056036
...a girl was touching a boy's private. But, he failed to identify which magazines he had been shown. [9] We think the proof in support of Count 9 was insufficient to sustain a criminal conviction for showing the child an "obscene" magazine or picture. § 847.0133(1)....
...the jury to infer that these were the materials Beber had shown him. That left as the sole proof of this count the child's "yes" response at trial to the question of whether Beber had shown him any "bad magazines or dirty magazines." For purposes of section
847.0133(1), "obscene" is defined in section
847.001(10) as: (10) `Obscene' means the status of material which: (a) The average person applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;...
...GRIFFIN, J., concurs. PALMER, J., concurs specially without opinion. NOTES [1] Section
794.011(2), Fla. Stat. (2001). [2] Section
800.04(5), Fla. Stat. (2001). [3] Section
800.04(6), Fla. Stat. (2001). [4] Section
800.04(7), Fla. Stat. (2001). [5] Section
847.0133, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 716948
...Culver,
111 So.2d 665, 667 (Fla.1959). The only evidence with regard to the charges stated in counts two and three was that appellant had shown two adult videos to minors. Because the charges brought against appellant were specifically prohibited in section
847.0133, Florida Statutes (1995), the State could not legally convict appellant of a violation of section 804.04(4) based on that evidence alone....
...Thus, the State failed to offer any evidence of lewd or lascivious conduct in support of these two charges. The trial court should have granted appellant's motion for judgment of acquittal. Because the decision should not have reached the jury and because appellant was not charged with a violation of section 847.0133, [2] we decline to decide whether appellant violated that statute....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 782878
...Finally, we reject Valdes' claim that the State failed to present sufficient evidence to prove that he had shown obscene material to V.A. and S.A. Valdes was charged with showing to V.A. and S.A. "A PORNOGRAPHIC MOVIE and/or MOVIE DEPICTING A MALE AND FEMALE ENGAGING IN SEXUAL INTERCOURSE and/or ORAL SEX, in violation of s. 847.0133, Fla....
...ave any idea how to do that type of thing? A. No. Unlike the testimony in Beber v. State,
853 So.2d 576 (Fla. 5th DCA 2003), reversed on other grounds,
887 So.2d 1248 (Fla.2004), we believe this testimony was sufficient to support a conviction under section
847.0133....
CopyCited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377
...ffender placement. In support thereof, movant would show: ..... that the juvenile has been found by the court, under section 985.228985.35, Florida Statutes, to have committed a violation of chapter 794, chapter 796, chapter 800, section
827.071, or section
847.0133, Florida Statutes; or ........
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: §
787.025; chapter 794; § 796.03; §
800.04; §
825.1025; §
827.071; §
847.0133;
847.0135; §
847.0145; or any similar offense committed in this state which has been redesigned from a former statute number to one of those listed in this subparagraph....
CopyPublished | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805
...ffender placement. In support thereof, movant would show: .... that the juvenile has been found by the court, under section 39415898.5.228, Florida Statutes, to have committed a violation of chapter 794, chapter 796, chapter 800, section
827.071, or section
847.0133, Florida Statutes; or .......
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535
...utes (2006); three
counts of lewd or lascivious exhibition in the presence of a person under the age of
sixteen in violation of section
800.04(7)(a), (c), Florida Statutes (2006); and two
counts of showing obscene material to a minor in violation of section
847.0133,
Florida Statutes (2005).
2....
CopyPublished | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 4906, 1997 WL 228542
PER CURIAM. In this appeal, Larry B. Miller challenges the validity of his plea of nolo contendere to violation of section 847.0133, Florida Statutes (1993)....
CopyPublished | Florida 2nd District Court of Appeal
...Assistant Attorney General, Tampa, for Appellee.
LaROSE, Judge.
Jerry Wayne Andrews appeals his judgment and sentences for
sexual battery on a victim under twelve years old, §
794.011(2)(a), Fla.
Stat. (2017-2019), and for distributing obscene material to a minor, §
847.0133(1), Fla....
...1st DCA 1989))).
The affidavit provided a reasonable probability that pornographic
videos were shown to the child on the laptop. They were relevant to the
offense of showing obscene material to a minor. They tended to show
that Mr. Andrews knew of the illicit content. See generally
§§ 847.0133(1) ("A person may not knowingly sell, rent, loan, give away,
distribute, transmit, or show any obscene material to a minor."),
.012(1)(a) (defining, in pertinent part, "knowingly" as "having the general
knowledge of, reason to know, or a belief or ground for belief which
warrants further inspection or inquiry of ....
...3d 1059, 1061 (Fla. 1st DCA 2011)). The
State must prove each element of the offense beyond a reasonable doubt
to survive a JOA motion. Id.
"A person may not knowingly sell, rent, loan, give away, distribute,
transmit, or show any obscene material to a minor." §
847.0133(1).
"Knowingly" is defined, in pertinent part, as "having the general
knowledge of, reason to know, or a belief or ground for belief which
warrants further inspection or inquiry of both: (a) [t]he character and
content of any material described in this section which is reasonably
susceptible of examination by the defendant; and (b) [t]he age of the
minor." §
847.012(1); see also §
847.0133(2) ("As used in this section
'knowingly' has the same meaning set forth in s....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
...§
800.04(7), and vulgar or indecent “exposure of sexual organs,” Fla.
Stat. §
800.03, to bans on “obscene show[s] . . . by a live person before an au-
dience,” Fla. Stat. §
847.011(4), distribution of “obscene material to a minor,”
Fla. Stat. §
847.0133, and “public nuisances” or “disorderly conduct.” Fla....
...So whatever the scope of the Act’s proscriptions, they likely
extend beyond the obscenity statutes that FDBPR already previ-
ously enforced against drag shows. See, e.g., Fla. Stat. §§
847.011
(“Prohibition of certain acts in connection with obscene, lewd, etc.,
materials”),
847.0133 (“Protection of minors; prohibition of certain
acts in connection with obscenity”)....
...74 Opinion of the Court 23-
12160
so. 16 Nor does anything we say touch on Florida’s many other laws
protecting children from harmful content. See, e.g., Fla. Stat.
§§
847.012;
847.0125;
847.0133;
847.0134;
847.0138; 847.01385;
847.0141.
Florida speakers and parents also still retain the freedom to
decide what speech is appropriate at which ages....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
“obscene material to a minor,” Fla. Stat. §
847.0133, and “public nuisances” or “disorderly conduct
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402
...Supp.1990)), creates the *1308 new crime of commercial bribery or receiving a commercial bribe. The Commission notes that this crime will fall into category 9, “all other felony offenses.” Chapter 90-306, section 63, Laws of Florida (codified at section 847.0133, Florida Statutes (Supp.1990)), creates the crime of exposing minors to certain obscene materials....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 1806, 2002 WL 236625
...material to a minor. We affirm the convictions and sentences on all the misdemeanor charges without comment but reverse the felony conviction regarding the obscene material. Foburg was charged with showing obscene material to a child in violation of section 847.0133, Florida Statutes (1995)....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12389, 2011 WL 3452939
MARSTILLER, J. Michael J. Austin (“Appellant”) appeals his conviction and probationary sentence for violating section 847.0133, Florida Statutes (2009), which makes it a third-degree felony to “knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor.” 1 Citing Pope v....
...Therefore, the trial court did not abuse its discretion by prohibiting Appellant from consuming or possessing alcohol as a special condition of probation. AFFIRMED. BENTON, C.J., Concurs With Opinion; CLARK, J., Concurs in Result Only. . A jury acquitted Appellant of a second charge, lewd or lascivious conduct. . Section
847.0133, Florida Statutes, incorporates the definition of "obscene” found in section
847.001(10), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...ion of sections
777.04(2)
and
794.011(2), Florida Statutes; one count of solicitation of a minor to commit a
lewd or lascivious act, contrary to section
800.04(6), Florida Statutes; and one
count of showing pornography to a child, in violation of section
847.0133(1),
Florida Statutes.
We affirm the battery convictions and the conviction for violating section
847.0133(1) without further comment....
CopyPublished | Supreme Court of Florida | 2016 WL 4480340
11.22 GIVING OBSCENE MATERIAL TO A MINOR §
847.0133, Fla. Stat. To prove the crime of Giving
