Florida Statutes

Fla. Stat. § 847.07 (2025)

Wholesale promotion of obscene materials; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 847.07

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§847.07(2)OBSCENITYWHOLESALE PROMOTION OF OBSCENE MATERIALF · 3rd

§847.07(3)OBSCENITYREQUIRE THREAT PERSON TO TAKE OBSCENE MATERIALF · 3rd

Notes of Decisions

Cited in 9 cases, 1973–1989 · leading case: New York v. Ferber, 458 U.S. 747 (1982).

Sort: Relevance Newest Treatment

New York v. Ferber, 458 U.S. 747 (1982). · cites it 2× “§ 53a-193 (1981); Fla. Stat. § 847.07 (1981); Ill. Rev. Stat.”

First Amendment Found. of Florida v. State, 364 So. 2d 450 (Fla. 1978). · cites it 7× “, was convicted, in a number of cases consolidated at the trial court level for purposes of judgment and sentence, of distributing obscene material in violation of Section 847.07, Florida Statutes (1975). [1] Each case was initiated by an information charging one or more…”

State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). · cites it 2× “See § 847.011(11), Fla. Stat. (1985); § 847.001(7), Fla.”

Cantrell v. State, 403 So. 2d 977 (Fla. 1981). “07, the prostitution statute, and section 847.07, the obscene literature statute.”

Blews v. State, 379 So. 2d 677 (Fla. 4th DCA 1980). · cites it 2× “This was a prosecution under Section 847.07(4)(c), Florida Statutes (1975), for the wholesale promotion of obscene materials.”

M. B. F. Theatres, Inc. v. State, 368 So. 2d 347 (Fla. 1979). · cites it 2× “I would reexamine the constitutionality of section 847.07, Florida Statutes (1973) in light of decisions of the United States Supreme Court rendered subsequent to our decision in State v.”

Griffin v. State, 376 So. 2d 1173 (Fla. 1st DCA 1979). · cites it 2× “He appealed on the ground that the trial judge failed to view the films in question and, consequently, did not make a factual determination that the films were obscene under Section 847.07(4)(c), Florida Statutes (1977).”

Campagno v. State, 323 So. 2d 671 (Fla. 3d DCA 1975). · cites it 3× “§ 847.07(4)(c), Fla.Stat., F.S.A. 1 in addition to making illegal the wholesale promotion of obscene matter, also outlaws the wholesale promotion of any obscene performance, the theory upon which the State based its case.”

State v. Mayhew, 38 Fla. Supp. 107 (Fla. Cir. Ct., Duval Cty. 1973). “§847.07 provides — “Whoever, having arrived at the age of discretion, uses profane, vulgar and indecent language, in any public place; or upon the private premises of another, or so near thereto as to be heard by another, shall be guilty of a misdemeanor of the second degree,…”

— 847.07(2) — 1 case

State v. Long, 544 So. 2d 219 (Fla. 2d DCA 1989). “See § 847.011(11), Fla. Stat. (1985); § 847.001(7), Fla.”

— 847.07(4)(c) — 3 cases

Blews v. State, 379 So. 2d 677 (Fla. 4th DCA 1980). “This was a prosecution under Section 847.07(4)(c), Florida Statutes (1975), for the wholesale promotion of obscene materials.”

Griffin v. State, 376 So. 2d 1173 (Fla. 1st DCA 1979). “He appealed on the ground that the trial judge failed to view the films in question and, consequently, did not make a factual determination that the films were obscene under Section 847.07(4)(c), Florida Statutes (1977).”

Campagno v. State, 323 So. 2d 671 (Fla. 3d DCA 1975). “§ 847.07(4)(c), Fla.Stat., F.S.A. 1 in addition to making illegal the wholesale promotion of obscene matter, also outlaws the wholesale promotion of any obscene performance, the theory upon which the State based its case.”

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