Florida criminal charge
Lewd or lascivious images; penalties in Florida
Lewd or lascivious images; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 800.045. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 800.045.
What is the penalty for lewd or lascivious images; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Possession with intent to promote lewd or lascivious image — A person possesses with intent to promote a photograph, motion picture, exhibition, show, representation, or other presentation that in whole or in part includes a lewd or lascivious image.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession with intent to promote lewd or lascivious image — A person possesses with intent to promote a photograph, motion picture, exhibition, show, representation, or other presentation that in whole or in part includes a lewd or lascivious image.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Solicitation, possession, control, or intentional viewing of lewd or lascivious image — A person knowingly solicits, possesses, controls, or intentionally views a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation known in whole or part to include a lewd or lascivious image.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Solicitation, possession, control, or intentional viewing of lewd or lascivious image — A person knowingly solicits, possesses, controls, or intentionally views a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation known in whole or part to include a lewd or lascivious image.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is lewd or lascivious images; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession with intent to promote lewd or lascivious image | Felony of the Second Degree | A person possesses with intent to promote a photograph, motion picture, exhibition, show, representation, or other presentation that in whole or in part includes a lewd or lascivious image. | Fla. Stat. § 800.045(2) |
| Solicitation, possession, control, or intentional viewing of lewd or lascivious image | Felony of the Third Degree | A person knowingly solicits, possesses, controls, or intentionally views a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation known in whole or part to include a lewd or lascivious image. | Fla. Stat. § 800.045(3)(a) |
Common questions about lewd or lascivious images; penalties in Florida
Is lewd or lascivious images; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: lewd or lascivious images; penalties ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 800.045.
Possession with intent to promote lewd or lascivious image: Felony of the Second Degree (Fla. Stat. § 800.045(2)) · Solicitation, possession, control, or intentional viewing of lewd or lascivious image: Felony of the Third Degree (Fla. Stat. § 800.045(3)(a))
What are the penalties for lewd or lascivious images; penalties in Florida?
Penalties for lewd or lascivious images; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers lewd or lascivious images; penalties?
Lewd or lascivious images; penalties is governed by Fla. Stat. § 800.045 (Lewd or lascivious images; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.