Florida Statutes
Fla. Stat. § 847.0145 (2025)
Selling or buying of minors; penalties.
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847.0145 Selling or buying of minors; penalties.—
(1) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either:
(a) With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
(b) With intent to promote either:
1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either:
(a) With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct;
(b) With intent to promote either:
1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Arrestable Offenses under F.S. 847.0145
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§847.0145(1)CRUELTY TOWARD CHILDSELL MINOR FOR INVOLVEMENT IN PORNOGRAPHY
§847.0145(2)CRUELTY TOWARD CHILDBUY MINOR FOR INVOLVEMENT IN PORNOGRAPHY
Notes of Decisions
Cited in 14
cases, 1993–2018 · leading case: Luna Torres v. Lynch, 136 S. Ct. 1619 (2016).
Luna Torres v. Lynch, 136 S. Ct. 1619 (2016). “(But see Fla. Stat. § 847.0145 (2015).) Such a defendant may, however, be convicted of a state offense that qualifies as an aggravated felony for conspiring to commit sexual abuse of a minor under 8 U.”
Carlos J. Acevedo v. State of Florida, 218 So. 3d 878 (Fla. 2017). “071, Florida Statutes (2005); and Selling or buying of minors, section 847.0145, Florida Statutes (2005).”
Jones v. State, 640 So. 2d 1084 (Fla. 1994). “I therefore concur with the majority. NOTES [1] See, e.g., § 794.011, Fla. Stat.”
Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993). “0133 (protection of minors; prohibition of certain acts in connection with obscenity; penalty); section 847.0145 (selling or buying minors to engage in sexually explicit conduct for the purpose of visually depicting it).”
Johnson v. State, 795 So. 2d 82 (Fla. 5th DCA 2001). “0135; § 847.0145; or any similar offense committed in this state which has been redesigned from a former statute number to one of those listed in this subparagraph.”
Sadler v. State, 949 So. 2d 303 (Fla. 5th DCA 2007). “See §§ 847.0145, 777.04(2), Fla. Stat. (2004).”
State v. Colley, 744 So. 2d 1172 (Fla. 2d DCA 1999). “23(2)(a) defines a sexual predator as an offender who is convicted of, or who pleads nolo contendere or guilty to, any capital, life, or first-degree felony violation of chapter 794 or section 847.0145, Florida Statutes (1993), or a violation of a similar law of another…”
State v. Curtin, 764 So. 2d 645 (Fla. 1st DCA 2000). “Neither does paragraph (3)(a)'s statement of legislative intent superimpose into paragraph (4)(c) any classification system for a capital, life, or first degree felony violation of chapter 794 or section 847.0145 that would provide a court with discretion to find, based on the…”
Johnson v. State, 716 So. 2d 332 (Fla. 2d DCA 1998). “23(2)(a) defines a sexual predator as an offender who is convicted of, or pleads nolo contendere or guilty to, any capital, life, or first-degree felony violation of chapter 794 or section 847.0145, Florida Statutes (1993).”
State v. Thurman, 791 So. 2d 1228 (Fla. 5th DCA 2001). “…be imposed for probationers who are placed under supervision for violation of chapter 794, § 800.04, § 827.071, or § 847.0145.”
In re Stand. Jury Instructions in Crim. Cases-Instruction 11.16(A), 116 So. 3d 1223 (Fla. 2013). “071(2), (3),’ or (4); or section 847.0145; or of any similar offense under a former designation.”
In re Amendments to Florida Rule of Crim. Procedure 3.790, 959 So. 2d 1187 (Fla. 2007). “071, Florida Statutes, or section 847.0145, Florida Statutes, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which, but for the effective date, he or she would meet the registration criteria of section 775.”
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