Florida Statutes
Fla. Stat. § 847.0133 (2025)
Protection of minors; prohibition of certain acts in connection with obscenity; penalty.
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847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty.—
(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section “obscene material” means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing paper, card, picture, drawing, photograph, motion picture film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose. The term “obscene” has the same meaning as set forth in s. 847.001.
(2) As used in this section “knowingly” has the same meaning set forth in s. 847.012(1). A “minor” is any person under the age of 18 years.
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.”
Arrestable Offenses under F.S. 847.0133
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§847.0133(1)OBSCENE MATERIAL-SELLSELL RENT LOAN GIVE OBSCENE MATERIAL TO MINOR
§847.0133(1)OBSCENE MATERIAL-DISTRIBDISTRB TRANSMIT SHOW OBSCENE MATERIAL TO MINOR
§847.0133(3)OBSCENE MATERIAL-DISTRIBRENUMBERED. SEE REC # 9069
§847.0133(3)OBSCENE MATERIAL-SELLRENUMBERED. SEE REC # 9068
§847.0133OBSCENE MATERIAL-SELLRENUMBERED. SEE REC # 8389
§847.0133OBSCENE MATERIAL-DISTRIBRENUMBERED. SEE REC # 8390
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1991–2025 · leading case: William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015).
William R. Crews v. State of Florida, 183 So. 3d 329 (Fla. 2015). “, Florida Statutes (2006); three counts of lewd or lascivious exhibition in the presence of a person under the age of sixteen in violation of section 800.”
Wegner v. State, 928 So. 2d 436 (Fla. 2d DCA 2006). “0135(2)(d), Florida Statutes (2000), and for showing obscene material to a minor, in violation of section 847.0133, Florida Statutes (2000).”
Florida Rules of Crim. Procedure re: Sentencing Guidelines, 576 So. 2d 1307 (Fla. 1991). “” Chapter 90-306, section 63, Laws of Florida (codified at section 847.0133, Florida Statutes (Supp.”
Jones v. State, 640 So. 2d 1084 (Fla. 1994). “is not on point with this case either legally or factually, and never has been. I therefore concur with the majority.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2016-02, 199 So. 3d 234 (Fla. 2016). “22 GIVING OBSCENE MATERIAL TO A MINOR § 847.0133, Fla. Stat. To prove the crime of Giving Obscene Material to a Minor, the State must prove the following element beyond a reasonable doubt: (Defendant) knowingly [sold] [rented] [loaned] [gave away] [distributed] [transmitted]…”
Austin v. State, 67 So. 3d 403 (Fla. 1st DCA 2011). “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.”
Beber v. State, 853 So. 2d 576 (Fla. 5th DCA 2003). “NOTES [1] Section 794.011(2), Fla. Stat. (2001). [2] Section 800.”
Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993). “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.”
Amendments to the Rules of Juv. Procedure, 783 So. 2d 138 (Fla. 2000). “071, or section 847.0133, Florida Statutes; or ..”
Johnson v. State, 795 So. 2d 82 (Fla. 5th DCA 2001). “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.”
In Re Amendments to Rules of Juv. Proc., 951 So. 2d 804 (Fla. 2007). “071, or section 847.0133, Florida Statutes; or ..”
Burnett v. State, 737 So. 2d 1106 (Fla. 1st DCA 1998). “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.”
— 847.0133(1) — 3 cases
Beber v. State, 853 So. 2d 576 (Fla. 5th DCA 2003). “NOTES [1] Section 794.011(2), Fla. Stat. (2001). [2] Section 800.”
Andrews v. State of Florida (Fla. 2d DCA 2024).
Jeremy Douglas v. State of Florida, 144 So. 3d 609 (Fla. 1st DCA 2014).
— 847.0133(2) — 1 case
Andrews v. State of Florida (Fla. 2d DCA 2024).
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