Florida Statutes
Fla. Stat. § 847.0138 (2025)
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.—
(1) For purposes of this section:
(a) “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.
(b) “Transmit” means to send to a specific individual known by the defendant to be a minor via electronic mail.
(2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor 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 believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The provisions of this section do not apply to subscription-based transmissions such as list servers.
Arrestable Offenses under F.S. 847.0138
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§847.0138(2)CRUELTY TOWARD CHILDRENUMBERED. SEE REC # 9481
§847.0138(2)OBSCENE MATERIAL-DISTRIBTRANSMIT INFO HARMFUL TO MINORS
§847.0138(3)OBSCENE MATERIAL-DISTRIBOUT OF STATE TRANSMIT INFO HARMFUL TO MINORS
§847.0138(3)CRUELTY TOWARD CHILDRENUMBERED. SEE REC # 9482
Notes of Decisions
Cited in 28
cases (4 in the last 5 years), 2004–2025 · leading case: Simmons v. State, 886 So. 2d 399 (Fla. 1st DCA 2004).
Simmons v. State, 886 So. 2d 399 (Fla. 1st DCA 2004). “2003) in regard to the definition of `harmful to minor' are not applicable to this statute that regulates personal, one-on-one e-mail communication"; "In comparison, § 847.0138, Fla. Stat. (2002) regulates only personal, one-on-one e-mail transmissions"; and " § 847.”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).”
State v. Sholl, 18 So. 3d 1158 (Fla. 1st DCA 2009). “190(c)(4), insofar as the order granting motion to dismiss dismissed the charge under section 847.0138, Florida Statutes (2007), because, *1165 as both parties now agree, the double jeopardy claim was premature.”
Allen v. State, 82 So. 3d 118 (Fla. 4th DCA 2012). “” § 847.0138, Fla. Stat. “Thus, electronic mail is the only regulated transmission mechanism,” and the Florida Supreme *121 Court recognizes “electronic mail” to be “both email and electronic mail sent by instant messaging.”
King v. State, 59 So. 3d 272 (Fla. 4th DCA 2011). “A jury convicted the defendant of transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2007).”
State of Florida v. Adonis Losada, 175 So. 3d 911 (Fla. 4th DCA 2015). “In Alien, while noting that the “a/any” test is not disposi-tive, we applied it to section 847.0138, Florida Statutes (2001), which prohibits the transmission of “an image” harmful to a minor to an individual known to be a minor.”
Weitz v. State, 229 So. 3d 872 (Fla. 2d DCA 2017). “Weitz’s dual convictions for transmitting material harmful to minors under section 847.0138, Florida Statutes (2012), and unlawfully using a two-way communications device under section 934.”
Wegner v. State, 928 So. 2d 436 (Fla. 2d DCA 2006). “0135(3) to contain a mens rea requirement is not fatal because criminal statutes are presumed to include a knowledge requirement in the absence of a contrary legislative statement).”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “(Defendant) knowingly sent an image, information or data that [he] [she] knew or believed to be harmful to minors.”
Duncan Jason Smith v. State of Florida, 204 So. 3d 18 (Fla. 2016). “Section 847.0138 prohibits "[t]ransmission of material harmful to minors to a minor by electronic device or equipment[.”
Duclos-Lasnier v. State, 192 So. 3d 1234 (Fla. 2d DCA 2016). “” § 847.0138 (emphasis added). The Florida Supreme Court has explained that “in determining legislative intent, we must give due weight and effect to the title of the section.”
Duncan Jason Smith v. State, 190 So. 3d 94 (Fla. 4th DCA 2015). “0137(l)(b), Florida Statutes (2010), to be broader than merely purposely sending images to an individual can be gleaned from a comparison of the definition of “transmit” in section 847.0138," Florida Statutes. That section prohibits “transmission of material harmful to minors to…”
— 847.0138(1)(a) — 2 cases
Simmons v. State, 886 So. 2d 399 (Fla. 1st DCA 2004). “2003) in regard to the definition of `harmful to minor' are not applicable to this statute that regulates personal, one-on-one e-mail communication"; "In comparison, § 847.0138, Fla. Stat. (2002) regulates only personal, one-on-one e-mail transmissions"; and " § 847.”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).”
— 847.0138(1)(b) — 6 cases
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).”
Simmons v. State, 886 So. 2d 399 (Fla. 1st DCA 2004). “2003) in regard to the definition of `harmful to minor' are not applicable to this statute that regulates personal, one-on-one e-mail communication"; "In comparison, § 847.0138, Fla. Stat. (2002) regulates only personal, one-on-one e-mail transmissions"; and " § 847.”
Weitz v. State, 229 So. 3d 872 (Fla. 2d DCA 2017). “Weitz’s dual convictions for transmitting material harmful to minors under section 847.0138, Florida Statutes (2012), and unlawfully using a two-way communications device under section 934.”
Duclos-Lasnier v. State, 192 So. 3d 1234 (Fla. 2d DCA 2016). “” § 847.0138 (emphasis added). The Florida Supreme Court has explained that “in determining legislative intent, we must give due weight and effect to the title of the section.”
Duclos-Lasnier v. State (Fla. 2d DCA 2016).
— 847.0138(2) — 17 cases
Allen v. State, 82 So. 3d 118 (Fla. 4th DCA 2012). “” § 847.0138, Fla. Stat. “Thus, electronic mail is the only regulated transmission mechanism,” and the Florida Supreme *121 Court recognizes “electronic mail” to be “both email and electronic mail sent by instant messaging.”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-04., 257 So. 3d 370 (Fla. 2018). “(Defendant) knowingly sent an image, information or data that [he] [she] knew or believed to be harmful to minors.”
King v. State, 59 So. 3d 272 (Fla. 4th DCA 2011). “A jury convicted the defendant of transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2007).”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-07, 163 So. 3d 478 (Fla. 2015).
— 847.0138(3) — 3 cases
Simmons v. State, 886 So. 2d 399 (Fla. 1st DCA 2004). “2003) in regard to the definition of `harmful to minor' are not applicable to this statute that regulates personal, one-on-one e-mail communication"; "In comparison, § 847.0138, Fla. Stat. (2002) regulates only personal, one-on-one e-mail transmissions"; and " § 847.”
Simmons v. State, 944 So. 2d 317 (Fla. 2006). “0135, Florida Statutes (2002), [1] and for transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).”
Duclos-Lasnier v. State, 192 So. 3d 1234 (Fla. 2d DCA 2016). “” § 847.0138 (emphasis added). The Florida Supreme Court has explained that “in determining legislative intent, we must give due weight and effect to the title of the section.”
— 847.0138(l)(b) — 4 cases
Allen v. State, 82 So. 3d 118 (Fla. 4th DCA 2012). “” § 847.0138, Fla. Stat. “Thus, electronic mail is the only regulated transmission mechanism,” and the Florida Supreme *121 Court recognizes “electronic mail” to be “both email and electronic mail sent by instant messaging.”
Duncan Jason Smith v. State of Florida, 204 So. 3d 18 (Fla. 2016). “Section 847.0138 prohibits "[t]ransmission of material harmful to minors to a minor by electronic device or equipment[.”
King v. State, 59 So. 3d 272 (Fla. 4th DCA 2011). “A jury convicted the defendant of transmission of material harmful to a minor in violation of section 847.0138, Florida Statutes (2007).”
Duncan Jason Smith v. State, 190 So. 3d 94 (Fla. 4th DCA 2015). “0137(l)(b), Florida Statutes (2010), to be broader than merely purposely sending images to an individual can be gleaned from a comparison of the definition of “transmit” in section 847.0138," Florida Statutes. That section prohibits “transmission of material harmful to minors to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.