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Florida Statute 847.0138 | Lawyer Caselaw & Research
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F.S. 847.0138 Case Law from Google Scholar Google Search for Amendments to 847.0138

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
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

F.S. 847.0138 on Casetext

Amendments to 847.0138


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



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