§ 847.0138, Fla. Stat. · Chapter 847. OBSCENITY
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 5, ch. 2001-54; s. 8, ch. 2009-194.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/0847.html
- Text hash
- sha256 df4083528fac6421a7862e95edfca24f44f1d43eedfcd70422960d6870690f80
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 775.082, Fla. Stat.Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.Printed as s. 775.082
- § 775.083, Fla. Stat.Fines.Printed as s. 775.083
- § 775.084, Fla. Stat.Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.Printed as s. 775.084
- § 847.001, Fla. Stat.Definitions.Printed as s. 847.001
Cited by 9 provisions
Provisions in this library whose text cites § 847.0138, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 775.0847, Fla. Stat.Possession or promotion of certain images of child sexual abuse material; reclassification.Printed as s. 847.0138
- § 856.022, Fla. Stat.Loitering or prowling by certain offenders in close proximity to children; prohibition on contact or communication with children in certain locations; penalty.Printed as s. 847.0138
- § 905.34, Fla. Stat.Powers and duties; law applicable.Printed as s. 847.0138
- § 938.10, Fla. Stat.Additional court cost imposed in cases of certain crimes.Printed as s. 847.0138
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.