Florida Statute 847.7 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.07

847.07 Wholesale promotion of obscene materials; penalties.—

(1) As used in this section, “wholesale promote” means to manufacture, issue, sell, provide, deliver, transfer, transmit, publish, distribute, circulate, or disseminate, or offer or agree to do the same, with or without consideration, for purposes of resale or redistribution.

(2) Any person who knowingly wholesale promotes any obscene matter or performance, or in any manner knowingly hires, employs, uses, or permits any person to wholesale promote or assist in wholesale promoting any obscene matter or performance, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) No person shall, as a condition to sale, allocation, consignment, or delivery for resale of any matter or performance, require that the purchaser or consignee receive for resale any other matter or performance reasonably believed by the purchaser or consignee to be obscene; and no person shall deny or revoke any franchise, or threaten to do so, or impose or threaten to impose any penalty, financial or otherwise, by reason of the refusal or failure of any person to accept any such matter or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 1, ch. 73-120; s. 4, ch. 83-77; s. 9, ch. 86-238.

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Amendments to 847.07

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.07

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

S847.07 2 - OBSCENITY - WHOLESALE PROMOTION OF OBSCENE MATERIAL - F: T

S847.07 3 - OBSCENITY - REQUIRE THREAT PERSON TO TAKE OBSCENE MATERIAL - F: T

Cases Citing Statute 847.07

Total Results: 8

State v. Long

544 So. 2d 219, 1989 WL 29025

District Court of Appeal of Florida | Filed: Mar 31, 1989 | Docket: 1301178

Cited 6 times | Published

definition of obscene material contained in section 847.07(2), Florida Statutes (1985). That definition

First Amendment Foundation of Florida v. State

364 So. 2d 450, 1978 Fla. LEXIS 4949

Supreme Court of Florida | Filed: Oct 12, 1978 | Docket: 461885

Cited 5 times | Published

distributing obscene material in violation of Section 847.07, Florida Statutes (1975).[1] Each case was

Cantrell v. State

403 So. 2d 977, 1981 Fla. LEXIS 2812

Supreme Court of Florida | Filed: Aug 6, 1981 | Docket: 64585093

Published

section 796.07, the prostitution statute, and section 847.07, the obscene literature statute. The appellants

Blews v. State

379 So. 2d 677, 1980 Fla. App. LEXIS 15494

District Court of Appeal of Florida | Filed: Jan 30, 1980 | Docket: 64574176

Published

respectfully dissent. This was a prosecution under Section 847.07(4)(c), Florida Statutes (1975), for the wholesale

Griffin v. State

376 So. 2d 1173, 1979 Fla. App. LEXIS 16099

District Court of Appeal of Florida | Filed: Oct 4, 1979 | Docket: 64572803

Published

determination that the films were obscene under Section 847.07(4)(c), Florida Statutes (1977). Appellant failed

M. B. F. Theatres, Inc. v. State

368 So. 2d 347, 1979 Fla. LEXIS 4575

Supreme Court of Florida | Filed: Feb 22, 1979 | Docket: 64568990

Published

I would reexamine the constitutionality of section 847.07, Florida Statutes (1973) in light of decisions

Campagno v. State

323 So. 2d 671, 1975 Fla. App. LEXIS 18982

District Court of Appeal of Florida | Filed: Nov 25, 1975 | Docket: 64551200

Published

of the film taken as a whole. We cannot agree. § 847.07(4)(c), Fla.Stat., F.S.A.1 in addition to making

Leigh v. State ex rel. Kirkpartick

298 So. 2d 215, 1974 Fla. App. LEXIS 8875

District Court of Appeal of Florida | Filed: Aug 6, 1974 | Docket: 64540407

Published

That section was carried forward into Florida Statute 847.07. Section 2 of Chapter 73-120 relates to