Florida Statute 847.138 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.0138

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.

History.—s. 5, ch. 2001-54; s. 8, ch. 2009-194.

F.S. 847.0138 on Google Scholar

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Amendments to 847.0138

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.0138

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

S847.0138 2 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 9481 - F: T

S847.0138 2 - OBSCENE MATERIAL-DISTRIB - TRANSMIT INFO HARMFUL TO MINORS - F: T

S847.0138 3 - CRUELTY TOWARD CHILD - RENUMBERED. SEE REC # 9482 - F: T

S847.0138 3 - OBSCENE MATERIAL-DISTRIB - OUT OF STATE TRANSMIT INFO HARMFUL TO MINORS - F: T

Cases Citing Statute 847.0138

Total Results: 26

Simmons v. State

944 So. 2d 317, 2006 WL 3313741

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 48090

Cited 18 times | Published

material harmful to a minor in violation of section 847.0138, Florida Statutes (2002).[2] On July 1, 2002

State v. Sholl

18 So. 3d 1158, 2009 Fla. App. LEXIS 14398, 2009 WL 3047390

District Court of Appeal of Florida | Filed: Sep 25, 2009 | Docket: 1640481

Cited 12 times | Published

a minor via electronic device, contrary to section 847.0138 (2008), Florida Statutes (2008). Sholl asserted

Wegner v. State

928 So. 2d 436, 2006 WL 1113577

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1713668

Cited 6 times | Published

similar concern was addressed in a challenge to section 847.0138, Florida Statutes (2002), in Simmons v. State

Simmons v. State

886 So. 2d 399, 2004 WL 2579449

District Court of Appeal of Florida | Filed: Nov 15, 2004 | Docket: 1379859

Cited 6 times | Published

materials harmful to a minor, in violation of section 847.0138, and in count three with carrying a concealed

Allen v. State

82 So. 3d 118, 2012 WL 280238, 2012 Fla. App. LEXIS 1324

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2415429

Cited 5 times | Published

motion to dismiss eighteen counts of violating section 847.0138(2), Florida Statutes (2008). He argues that

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

“a/any” test by Florida courts when it enacted section 847.0138 in 2001. It seems clear the Legislature intended

Lawrence Alan Neu v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71276458

Published

harmful material to a minor, in violation of section 847.0138, Florida Statutes, that is “separate and distinct”

State of Florida v. Neri Banda

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378866

Published

transmission, a third-degree felony under section 847.0138(2), Florida Statutes (2022). It alleged the

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897139

Published

ELECTRONIC DEVICE OR EQUIPMENT § 847.0138(2), Fla. Stat. To prove the crime of Transmission

STEVEN LEIF ALEXANDER, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 29, 2020 | Docket: 16773990

Published

electronic device or equipment, a violation of section 847.0138(2), Florida Statutes (2017). The statute proscribes:

JOSEPH WEITZ v. STATE OF FLORIDA

275 So. 3d 707

District Court of Appeal of Florida | Filed: May 31, 2019 | Docket: 15704313

Published

material harmful to minors via electronic mail, see § 847.0138(2), Fla. Stat. (2011), violate double jeopardy

Danny Pasicolan v. State of Florida

268 So. 3d 279

District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15042045

Published

of material harmful to minors, contrary to section 847.0138(2), Florida Statutes (2013) (Count III); and

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

MINORS BY ELECTRONIC DEVICE OR EQUIPMENT § 847.0138(2), Fla. Stat. To prove the crime of Transmission

DAVID JOHN JONES v. STATE OF FLORIDA

251 So. 3d 307

District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428858

Published

to minors (count three), in violation of section 847.0138(2), Florida Statutes (2012). He was sentenced

Scott Brown v. State of Florida

238 So. 3d 415

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6309418

Published

Appellant’s judgment and sentence for violating section 847.0138(2), Florida Statutes (2014), because the trial

BRODERICK CAMERON FURLOW v. STATE OF FLORIDA

237 So. 3d 443

District Court of Appeal of Florida | Filed: Feb 2, 2018 | Docket: 6302667

Published

transmission of material harmful to a minor under section 847.0138(2). See, e.g., Duclos-Lasnier v. State, 192

Weitz v. State

229 So. 3d 872

District Court of Appeal of Florida | Filed: Oct 25, 2017 | Docket: 6179425

Published

transmitting material harmful to minors under section 847.0138, Florida Statutes (2012), and unlawfully using

Danny Pasicolan v. State of Florida

240 So. 3d 792

District Court of Appeal of Florida | Filed: Aug 27, 2017 | Docket: 6144157

Published

of material harmful to minors, contrary to section 847.0138(2), Florida Statutes (2013) (Count III);

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

0137(l)(b) with the definition of “transmit” in section 847.0138(l)(b). 2 Id. Thus, the Fourth

Duclos-Lasnier v. State

192 So. 3d 1234, 2016 Fla. App. LEXIS 8108, 2016 WL 3057352

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3068166

Published

photos sent as text messages do not violate section 847.0138(2), Florida Statutes (2012), the statute,

Duclos-Lasnier v. State

District Court of Appeal of Florida | Filed: Apr 1, 2016 | Docket: 3050107

Published

photos sent as text messages do not violate section 847.0138(2), Florida Statutes (2012), the statute under

State of Florida v. Adonis Losada

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

Published

test by Florida courts when it enacted section 847.0138 in 2001. It seems clear the Legislature

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

MINORS BY ELECTRONIC DEVICE OR EQUIPMENT § 847.0138(2), Fla. Stat. To prove the crime of Transmission

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

comparison of the definition of “transmit” in section 847.0138," Florida Statutes. That section prohibits

L.S. v. State

120 So. 3d 55, 2013 WL 3811672, 2013 Fla. App. LEXIS 11592

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234141

Published

cannot purchase sexually explicit materials, section 847.0138, Florida Statutes (2011), Simmons v. State

King v. State

59 So. 3d 272, 2011 Fla. App. LEXIS 5203, 2011 WL 1376506

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299663

Published

material harmful to a minor in violation of section 847.0138, Florida Statutes (2007). The defendant argues