Florida Statute 847.137 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.0137

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.

F.S. 847.0137 on Google Scholar

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Amendments to 847.0137

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.0137

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

S847.0137 2 - OBSCENE COMMUNICATION - IN STATE PERSON ELEC TRANS CHILD PORNO - F: T

S847.0137 3 - OBSCENE COMMUNICATION - OUT STATE PERSON ELEC TRANS CHILD PORNO - F: T

Cases Citing Statute 847.0137

Total Results: 9

United States v. Alvin Smith

459 F.3d 1276, 2006 WL 2327782

Court of Appeals for the Eleventh Circuit | Filed: Aug 11, 2006 | Docket: 196994

Cited 130 times | Published

of a crime — either state, see Fla. Stat. Ann. § 847.0137 (West 2006) (criminalizing transmission of child

State of Florida v. Adonis Losada

175 So. 3d 911, 2015 Fla. App. LEXIS 14072, 2015 WL 5603461

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2851140

Cited 4 times | Published

engaged in sexual conduct” (emphasis added). • Section 847.0137(l)(b), defines “transmit” as “the act of sending

Biller v. State

109 So. 3d 1240, 2013 WL 1234222, 2013 Fla. App. LEXIS 5139

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229478

Cited 2 times | Published

using an electronic device, in violation of section 847.0137(2). The statute defines “transmit” as “the

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-03

Supreme Court of Florida | Filed: Feb 6, 2020 | Docket: 16811588

Published

[place] [structure] [trailer] [conveyance]. § 847.0137(1)(a), Fla. Stat. “Minor” means any person

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

dwelling on the gruesome, or sick. § 847. 0137(1)(a) 001(8) , Fla

Duncan Jason Smith v. State of Florida

204 So. 3d 18, 41 Fla. L. Weekly Supp. 369, 2016 WL 4699498, 2016 Fla. LEXIS 1995

Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420162

Published

child pornography under the plain meaning of section 847.0137, Florida Statutes (2010). We *20

State of Florida v. Adonis Losada

District Court of Appeal of Florida | Filed: Sep 24, 2015 | Docket: 2863195

Published

engaged in sexual conduct” (emphasis added). Section 847.0137(1)(b), defines “transmit” as 1 An even more

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2014-07

163 So. 3d 478, 40 Fla. L. Weekly Supp. 221, 2015 Fla. LEXIS 927, 2015 WL 1932145

Supreme Court of Florida | Filed: Apr 30, 2015 | Docket: 2653648

Published

PORNOGRAPHY BY ELECTRONIC DEVICE OR EQUIPMENT § 847.0137(2) and (3), Fla. Stat. To prove the crime

Duncan Jason Smith v. State

190 So. 3d 94, 2015 Fla. App. LEXIS 4273, 2015 WL 1334323

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679442

Published

undercover officer via the internet. See § 847.0137, Fla. Stat. (2010) (“Transmission of pornography