Florida Statute 847.0135 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.0135

847.0135 Computer pornography; prohibited computer usage; traveling to meet minor; penalties.—

(1) SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act.”

(2) COMPUTER PORNOGRAPHY.—A person who:

(a) Knowingly compiles, enters into, or transmits by use of computer;

(b) Makes, prints, publishes, or reproduces by other computerized means;

(d) Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or

(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.

(4) TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or

(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—

(a) A person who:

1. Intentionally masturbates;

2. Intentionally exposes the genitals in a lewd or lascivious manner; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity

live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d) A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.

(6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.

(7) STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child’s guardian, or another person believed by the person to be a child or a child’s guardian.

(8) EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.

History.—s. 11, ch. 86-238; s. 213, ch. 91-224; s. 71, ch. 96-388; s. 3, ch. 2001-54; s. 5, ch. 2007-143; s. 4, ch. 2008-172; s. 7, ch. 2009-194.

F.S. 847.0135 on Google Scholar

F.S. 847.0135 on Casetext

Amendments to 847.0135

Arrestable Offenses / Crimes under Fla. Stat. 847.0135

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

S847.0135 2 - OBSCENE COMMUNICATION - COMPILE ENTER ETC COMPUTER PORNO RE MINOR - F: T

S847.0135 2b - OBSCENE COMMUNICATION - MAKE PRINT PUBLISH COMPUTER PORNO - F: T

S847.0135 2c - OBSCENE COMMUNICATION - CAUSE ALLOW USE OF COMPUTER PORNO - F: T

S847.0135 2d - CRUELTY TOWARD CHILD - BUY SELL ETC MINOR INFO FOR SEX PURPOSE - F: T

S847.0135 3 - OBSCENE COMMUNICATION - RENUMBERED. SEE REC#6338 - F: T

S847.0135 3 - OBSCENE COMMUNICATION - RENUMBERED. SEE REC #S 7577 AND 7578 - F: S

S847.0135 3a - OBSCENE COMMUNICATION - USE COMPUTER TO SEDUCE SOLICIT LURE CHILD - F: T

S847.0135 3a - OBSCENE COMMUNICATION - USE COMP SEDUCE SOLICIT LURE CHILD MISREP AGE - F: S

S847.0135 3b - OBSCENE COMMUNICATION - USE COMPUTER SOLICIT PARENT GUARDIAN CONSENT - F: T

S847.0135 3b - OBSCENE COMMUNICATION - USE COMP SOLICIT PAR GUARD CONSENT MISREP AGE - F: S

S847.0135 4 - OBSCENE COMMUNICATION - RENUMBERED. SEE REC#6334 - M: F

S847.0135 4a - OBSCENE COMMUNICATION - TRAVEL TO MEET AFTER USE COMPUT TO LURE CHILD - F: S

S847.0135 4b - OBSCENE COMMUNICATION - TRAVEL TO MEET USE COMPUTER SOLICIT GUARDIAN - F: S

S847.0135 5 - OBSCENE COMMUNICATION - RENUMBERED. SEE REC # 6532 - M: F

S847.0135 5b - OBSCENE COMMUNICATION - TO VIC LT OR 16YR VIA COMPUTER OFFENDER 18YOA+ - F: S

S847.0135 5c - OBSCENE COMMUNICATION - TO VIC LT OR 16Y VIA COMPUTER OFFENDER LT 18YR - F: T

S847.0135 6 - OBSCENE COMMUNICATION - OWNER OPERATOR PERMIT COMPUTER PORN VIOLATION - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 847.0135

Total Results: 20

Debose v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-12-11

Snippet: 145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if

State of Florida v. Neri Banda

Court: District Court of Appeal of Florida | Date Filed: 2024-11-15

Snippet: solicitation, a third-degree felony under section 847.0135(3)(a), Florida Statutes (2022), and transmission

Matthew Dettle v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-10-24

Snippet: to engage in unlawful sexual conduct. See § 847.0135(3), Fla. Stat. (2012). It is also a felony to

Marquice Emanule Nolan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-01-31

Snippet: minor for sexual conduct in violation of section 847.0135(3), Florida Statutes; lewd or lascivious conduct

STATE OF FLORIDA v. ANDREW SCOTT CROSE

Court: District Court of Appeal of Florida | Date Filed: 2024-01-26

Snippet: child to commit a sex act in violation of section 847.0135(3)(a), Florida Statutes (2015). He was sentenced

State of Florida v. Christopher Russell Hubbs

Court: District Court of Appeal of Florida | Date Filed: 2023-12-06

Snippet: conduct using a computer in violation of section 847.0135(3)(b), Florida Statutes (2019). After the

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: 794 or a lewd act under s. 800.04 or s. 847.0135(5) against the minor; s. 787.01(3)(a) 2

ABRAHAM DEJESUS RODRIGUEZ v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-10-13

Snippet: computer services or devices in violation of section 847.0135(3)(a), Florida Statutes (2019). The charges arose

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-08

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: Stat. 800.04] [violating Fla. Stat. 847.0135(5)]. 2. As part of that sentencing, (defendant)

JOHANDY MOREJON - MEDINA v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-08-14

Snippet: February 14, 2013," in violation of section 847.0135(3)(a), Florida Statutes (2012), and traveling

QUINTON DEWAYNE ALFORD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-07-24

Snippet: chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, a prohibition on accessing

DERRELL A. RICHARDSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Snippet: to commit a sex act on September 15, 2012. § 847.0135(3)(a), (4)(a), Fla. Stat. (2012). A jury found

Tyler Sherman v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-16

Citation: 272 So. 3d 829

Snippet: convictions for solicitation (in violation of section 847.0135(3)(a), Florida Statutes), and traveling to meet

Danny Pasicolan v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-02

Citation: 268 So. 3d 279

Snippet: a computer online service, contrary to section 847.0135(4)(a), Florida Statutes (2013) (Count I); one

Timothy Carlos Coffey v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-05-02

Citation: 268 So. 3d 278

Snippet: sexual conduct of a child, in violation of section 847.0135(3)(b), Florida Statutes (2013) (Count 1); one

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 271 So. 3d 147

Snippet: a jury found him guilty of violating sections 847.0135(3)(b) and (4)(b) of the Florida Statutes. These

SHANNON WRIGHT v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 268 So. 3d 208

Snippet: solicit, lure, or entice a child under section 847.0135(3)(a), Florida Statutes (2017), and that this

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-04-05

Citation: 267 So. 3d 1088