Florida Statutes
Fla. Stat. § 847.0135 (2025)
Computer pornography; prohibited computer usage; traveling to meet minor; penalties.
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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;
(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or
(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.
Arrestable Offenses under F.S. 847.0135
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§847.0135(2)OBSCENE COMMUNICATIONCOMPILE ENTER ETC COMPUTER PORNO RE MINOR
§847.0135(3)OBSCENE COMMUNICATIONRENUMBERED. SEE REC#6338
§847.0135(3)OBSCENE COMMUNICATIONRENUMBERED. SEE REC #S 7577 AND 7578
§847.0135(4)OBSCENE COMMUNICATIONRENUMBERED. SEE REC#6334
§847.0135(5)OBSCENE COMMUNICATIONRENUMBERED. SEE REC # 6532
§847.0135(6)OBSCENE COMMUNICATIONOWNER OPERATOR PERMIT COMPUTER PORN VIOLATION
§847.0135(2b)OBSCENE COMMUNICATIONMAKE PRINT PUBLISH COMPUTER PORNO
§847.0135(2c)OBSCENE COMMUNICATIONCAUSE ALLOW USE OF COMPUTER PORNO
§847.0135(2d)CRUELTY TOWARD CHILDBUY SELL ETC MINOR INFO FOR SEX PURPOSE
§847.0135(3a)OBSCENE COMMUNICATIONUSE COMPUTER TO SEDUCE SOLICIT LURE CHILD
§847.0135(3a)OBSCENE COMMUNICATIONUSE COMP SEDUCE SOLICIT LURE CHILD MISREP AGE
§847.0135(3b)OBSCENE COMMUNICATIONUSE COMPUTER SOLICIT PARENT GUARDIAN CONSENT
§847.0135(3b)OBSCENE COMMUNICATIONUSE COMP SOLICIT PAR GUARD CONSENT MISREP AGE
§847.0135(4a)OBSCENE COMMUNICATIONTRAVEL TO MEET AFTER USE COMPUT TO LURE CHILD
§847.0135(4b)OBSCENE COMMUNICATIONTRAVEL TO MEET USE COMPUTER SOLICIT GUARDIAN
§847.0135(5b)OBSCENE COMMUNICATION18+ YOA LL EXHIB VIA COMPUTER VICTIM LT 16 YOA
§847.0135(5c)OBSCENE COMMUNICATIONLT 18 YOA LL EXHIB VIA CPU VICTIM LT 16 YOA
Notes of Decisions
Cited in 171
cases (20 in the last 5 years), 1997–2026 · leading case: State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017).
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). “In the double jeopardy case on review, the Second District Court of Appeal certified conflict with a decision from the First District Court of Appeal on the issue of whether the Florida Legislature explicitly stated its- intent in the Computer Pornography and Child Exploitation…”
Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). “For example, Levandoski was convicted under section 847.0135, subsections (3) and (4), which punish conduct where the offender believes the victim to be a child, even if the “victim” is actually an undercover police officer, as was the case here.”
Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014). “Appellant, Daniel Hartley, appeals from his convictions for three counts of using a computer to solicit a minor and one count of traveling to meet a minor for an unlawful sexual act under section 847.0135, Florida Statutes (2011).”
Brian Mitchell Lee v. State of Florida, 258 So. 3d 1297 (Fla. 2018). “§ 847.0135(3)(a), Fla. Stat. (2013). The unlawful use of a two-way communications device statute states in full: Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the…”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “FACTS AND PROCEDURAL HISTORY This case involves the prosecution of Michael John Simmons for luring or enticing a child by use of an online service in violation of section 847.0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of…”
Barnett v. State, 159 So. 3d 922 (Fla. 5th DCA 2015). “— 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…”
Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013). “Section 847.0135(3) expressly provides that “[e]aeh 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…”
Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014). “We recognize that the then-applicable standard jury instructions for both offenses required that the defendant use a computer to contact the person believed to be the child victim. See Fla.”
Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004). “After his numerous motions to dismiss were denied, appellant pled nolo contendere to violation of section 847.0135(3), Florida Statutes (2001), included in the "Computer Pornography and Child Exploitation Prevention Act of 1986," which provides: Any person who knowingly utilizes…”
Senger v. State, 200 So. 3d 137 (Fla. 5th DCA 2016). “0435 requires that the court designate a defendant as a sexual offender if convicted of committing a criminal offense under section 847.0135, unless it is a conviction for violating section 847.”
Brandon Stapler v. State, 190 So. 3d 162 (Fla. 5th DCA 2016). “800(b) to have the standard sex-offender conditions struck because section 847.0135(3) is not listed among the offenses that require the imposition of.”
— 847.0135(2) — 6 cases
Doe v. Am. Online, Inc., 783 So. 2d 1010 (Fla. 2001).
State of Florida v. Adonis Losada, 175 So. 3d 911 (Fla. 4th DCA 2015).
Doe v. Am. Online, Inc., 718 So. 2d 385 (Fla. 4th DCA 1998).
Exantus v. State, 198 So. 3d 1 (Fla. 2d DCA 2014).
Erwin v. State, 983 So. 2d 58 (Fla. 4th DCA 2008).
— 847.0135(2)(a) — 2 cases
State of Florida v. Adonis Losada, 175 So. 3d 911 (Fla. 4th DCA 2015).
State of Florida v. Adonis Losada (Fla. 4th DCA 2015).
— 847.0135(2)(d) — 3 cases
Wegner v. State, 928 So. 2d 436 (Fla. 2d DCA 2006).
Weitz v. State, 229 So. 3d 872 (Fla. 2d DCA 2017).
Exantus v. State, 198 So. 3d 1 (Fla. 2d DCA 2014).
— 847.0135(3) — 52 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
Cashatt v. State, 873 So. 2d 430 (Fla. 1st DCA 2004). “After his numerous motions to dismiss were denied, appellant pled nolo contendere to violation of section 847.0135(3), Florida Statutes (2001), included in the "Computer Pornography and Child Exploitation Prevention Act of 1986," which provides: Any person who knowingly utilizes…”
Grohs v. State, 944 So. 2d 450 (Fla. 4th DCA 2006).
Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). “For example, Levandoski was convicted under section 847.0135, subsections (3) and (4), which punish conduct where the offender believes the victim to be a child, even if the “victim” is actually an undercover police officer, as was the case here.”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “FACTS AND PROCEDURAL HISTORY This case involves the prosecution of Michael John Simmons for luring or enticing a child by use of an online service in violation of section 847.0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of…”
— 847.0135(3)(a) — 57 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
Brian Mitchell Lee v. State of Florida, 258 So. 3d 1297 (Fla. 2018). “§ 847.0135(3)(a), Fla. Stat. (2013). The unlawful use of a two-way communications device statute states in full: Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the…”
Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014). “Appellant, Daniel Hartley, appeals from his convictions for three counts of using a computer to solicit a minor and one count of traveling to meet a minor for an unlawful sexual act under section 847.0135, Florida Statutes (2011).”
David Leon Lashley v. State of Florida, 194 So. 3d 1084 (Fla. 1st DCA 2016).
Jared Snow v. State of Florida, 193 So. 3d 1091 (Fla. 1st DCA 2016).
— 847.0135(3)(b) — 56 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014). “We recognize that the then-applicable standard jury instructions for both offenses required that the defendant use a computer to contact the person believed to be the child victim. See Fla.”
State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). “In the double jeopardy case on review, the Second District Court of Appeal certified conflict with a decision from the First District Court of Appeal on the issue of whether the Florida Legislature explicitly stated its- intent in the Computer Pornography and Child Exploitation…”
Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013). “Section 847.0135(3) expressly provides that “[e]aeh 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…”
Brandon Stapler v. State, 190 So. 3d 162 (Fla. 5th DCA 2016). “800(b) to have the standard sex-offender conditions struck because section 847.0135(3) is not listed among the offenses that require the imposition of.”
— 847.0135(3)(⅞) — 1 case
Littleman v. State, 222 So. 3d 616 (Fla. 1st DCA 2017).
— 847.0135(4) — 29 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). “For example, Levandoski was convicted under section 847.0135, subsections (3) and (4), which punish conduct where the offender believes the victim to be a child, even if the “victim” is actually an undercover police officer, as was the case here.”
Alan Lynsdale Hamilton v. State of Florida, 163 So. 3d 1277 (Fla. 1st DCA 2015).
David Leon Lashley v. State of Florida, 194 So. 3d 1084 (Fla. 1st DCA 2016).
Barnett v. State, 159 So. 3d 922 (Fla. 5th DCA 2015). “— 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…”
— 847.0135(4)(a) — 54 cases
State of Florida v. Brian Mitchell Lee, 223 So. 3d 342 (Fla. 1st DCA 2017). “See § 847.0135(3), Fla. Stat. (2013). Accordingly, viewing the record in the light most favorable to the jury’s verdict, we conclude that Lee’s convictions for traveling after solicitation, unlawful use of a two-way communications device, and soliciting a minor do not violate…”
Hartley v. State, 129 So. 3d 486 (Fla. 4th DCA 2014). “Appellant, Daniel Hartley, appeals from his convictions for three counts of using a computer to solicit a minor and one count of traveling to meet a minor for an unlawful sexual act under section 847.0135, Florida Statutes (2011).”
Brian Mitchell Lee v. State of Florida, 258 So. 3d 1297 (Fla. 2018). “§ 847.0135(3)(a), Fla. Stat. (2013). The unlawful use of a two-way communications device statute states in full: Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the…”
Holubek v. State, 173 So. 3d 1114 (Fla. 5th DCA 2015).
Anthony S. Assanti, Jr. v. State of Florida, 227 So. 3d 679 (Fla. 1st DCA 2017).
— 847.0135(4)(b) — 50 cases
Pinder v. State, 128 So. 3d 141 (Fla. 5th DCA 2013). “Section 847.0135(3) expressly provides that “[e]aeh 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…”
Senger v. State, 200 So. 3d 137 (Fla. 5th DCA 2016). “0435 requires that the court designate a defendant as a sexual offender if convicted of committing a criminal offense under section 847.0135, unless it is a conviction for violating section 847.”
Shelley v. State, 134 So. 3d 1138 (Fla. 2d DCA 2014). “We recognize that the then-applicable standard jury instructions for both offenses required that the defendant use a computer to contact the person believed to be the child victim. See Fla.”
Warren Staples v. State of Florida, 202 So. 3d 28 (Fla. 2016).
State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). “In the double jeopardy case on review, the Second District Court of Appeal certified conflict with a decision from the First District Court of Appeal on the issue of whether the Florida Legislature explicitly stated its- intent in the Computer Pornography and Child Exploitation…”
— 847.0135(5) — 12 cases
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “FACTS AND PROCEDURAL HISTORY This case involves the prosecution of Michael John Simmons for luring or enticing a child by use of an online service in violation of section 847.0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of…”
In Re Stand. Inst. in Crim. Cases No. 2008-02, 998 So. 2d 1138 (Fla. 2008).
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013).
Michael Levandoski v. State of Florida, 245 So. 3d 643 (Fla. 2018). “For example, Levandoski was convicted under section 847.0135, subsections (3) and (4), which punish conduct where the offender believes the victim to be a child, even if the “victim” is actually an undercover police officer, as was the case here.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018).
— 847.0135(5)(a) — 1 case
Broderick Cameron Furlow v. State of Florida, 237 So. 3d 443 (Fla. 2d DCA 2018).
— 847.0135(5)(b) — 1 case
Broderick Cameron Furlow v. State of Florida, 237 So. 3d 443 (Fla. 2d DCA 2018).
— 847.0135(6) — 2 cases
Senger v. State, 200 So. 3d 137 (Fla. 5th DCA 2016). “0435 requires that the court designate a defendant as a sexual offender if convicted of committing a criminal offense under section 847.0135, unless it is a conviction for violating section 847.”
Ramon D. Senger v. State, 200 So. 3d 137 (Fla. 5th DCA 2016).
— 847.0135(7) — 3 cases
Abraham Dejesus Rodriguez v. State of Florida (Fla. 4th DCA 2021).
Steve Ferguson v. the Repub. of Trinidad & Tobago (Fla. 3d DCA 2025).
Steve Ferguson v. the Repub. of Trinidad & Tobago (Fla. 3d DCA 2025).
— 847.0135(8) — 3 cases
State of Florida v. Dean Alden Shelley, 176 So. 3d 914 (Fla. 2015). “In the double jeopardy case on review, the Second District Court of Appeal certified conflict with a decision from the First District Court of Appeal on the issue of whether the Florida Legislature explicitly stated its- intent in the Computer Pornography and Child Exploitation…”
Holt v. State, 173 So. 3d 1079 (Fla. 5th DCA 2015).
Barnett v. State, 159 So. 3d 922 (Fla. 5th DCA 2015). “— 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…”
— 847.0135(S)(b) — 1 case
Cantrell v. State, 132 So. 3d 931 (Fla. 1st DCA 2014).
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