847.0137
Transmission of pornography by electronic device or equipment prohibited; penalties.
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847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties.—
(1) As used in this section, the term “transmit” means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device.
(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) This section shall not be construed to preclude prosecution of a 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, for the transmission of child pornography, as defined in s. 847.001, to any person in this state.
(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).
The provisions of this section do not apply to subscription-based transmissions such as list servers.
History.—s. 4, ch. 2001-54; s. 9, ch. 2022-212.
Notes of Decisions
Cited in 8
cases, 2006–2020 · leading case: Duncan Jason Smith v. State of Florida
Duncan Jason Smith v. State of Florida (2016)
“For the reasons that follow, we hold that the use of a file-sharing program, where the originator affirmatively grants the receiver access to child pornography placed by the originator in files accessible through the file-sharing program, constitutes the transmission of child…”
Duncan Jason Smith v. State (2015)
“See § 847.0137, Fla. Stat. (2010) (“Transmission of pornography.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07 (2015)
“” § 847.0137(1)(a), Fla. Stat. “Minor” means any person less than 18 years of age.”
United States v. Alvin Smith (2006)
“Officer Mayo could reasonably have believed that the sexually, explicit photographs of what he observed to be very young girls were evidence of a crime — either state, see Fla. Stat. Ann. § 847.0137 (West 2006) (criminalizing transmission of child pornography as a third degree…”
State of Florida v. Adonis Losada (2015)
“• Section 847.0137(l)(b), defines “transmit” as “the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any elec *914…”
Biller v. State (2013)
“Based on the retrieval of these images, Appellant was charged with and convicted of one count of “transmitting” child pornography using an electronic device, in violation of section 847.0137(2). The statute defines “transmit” as “the act of sending and causing to be delivered…”
In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03 (2020)
“Joint possession. Give if applicable. Possession of a [place] [structure] [trailer] [conveyance] may be sole or joint, that is, two or more persons may possess a [place] [structure] [trailer] [conveyance].”
State of Florida v. Adonis Losada (2015)
“Section 847.0137(1)(b), defines “transmit” as 1 An even more restrictive view of “the use of legislative history to find ‘purpose’ in a statute” (arguing that said use “provides great potential for manipulation and distortion”) is set forth in ANTONIN SCALIA & BRYAN A.”
— 847.0137(1)(a) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07 (2015)
“” § 847.0137(1)(a), Fla. Stat. “Minor” means any person less than 18 years of age.”
In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03 (2020)
“Joint possession. Give if applicable. Possession of a [place] [structure] [trailer] [conveyance] may be sole or joint, that is, two or more persons may possess a [place] [structure] [trailer] [conveyance].”
— 847.0137(1)(b) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07 (2015)
“” § 847.0137(1)(a), Fla. Stat. “Minor” means any person less than 18 years of age.”
State of Florida v. Adonis Losada (2015)
“Section 847.0137(1)(b), defines “transmit” as 1 An even more restrictive view of “the use of legislative history to find ‘purpose’ in a statute” (arguing that said use “provides great potential for manipulation and distortion”) is set forth in ANTONIN SCALIA & BRYAN A.”
— 847.0137(2) — 4 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07 (2015)
“” § 847.0137(1)(a), Fla. Stat. “Minor” means any person less than 18 years of age.”
Duncan Jason Smith v. State of Florida (2016)
“For the reasons that follow, we hold that the use of a file-sharing program, where the originator affirmatively grants the receiver access to child pornography placed by the originator in files accessible through the file-sharing program, constitutes the transmission of child…”
Duncan Jason Smith v. State (2015)
“See § 847.0137, Fla. Stat. (2010) (“Transmission of pornography.”
Biller v. State (2013)
“Based on the retrieval of these images, Appellant was charged with and convicted of one count of “transmitting” child pornography using an electronic device, in violation of section 847.0137(2). The statute defines “transmit” as “the act of sending and causing to be delivered…”
— 847.0137(l)(b) — 3 cases
Duncan Jason Smith v. State of Florida (2016)
“For the reasons that follow, we hold that the use of a file-sharing program, where the originator affirmatively grants the receiver access to child pornography placed by the originator in files accessible through the file-sharing program, constitutes the transmission of child…”
Duncan Jason Smith v. State (2015)
“See § 847.0137, Fla. Stat. (2010) (“Transmission of pornography.”
State of Florida v. Adonis Losada (2015)
“• Section 847.0137(l)(b), defines “transmit” as “the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any elec *914…”
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