Florida criminal charge
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty in Florida
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty is a criminal offense under Florida law, defined by Fla. Stat. § 847.011. 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. § 847.011.
What is the penalty for prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Distribution/possession with intent (obscene materials) — first offense — A person knowingly sells, distributes, produces, or advertises obscene materials, or possesses them with intent to sell/distribute, for a first violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Distribution/possession with intent (obscene materials) — first offense — A person knowingly sells, distributes, produces, or advertises obscene materials, or possesses them with intent to sell/distribute, for a first violation.; 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 (Distribution/possession with intent (obscene materials) — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Distribution/possession with intent (obscene materials) — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.; 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 (Obscene materials depicting a minor — The violation of paragraph (a) or subsection (2) is based on materials depicting a minor engaged in conduct harmful to minors.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Obscene materials depicting a minor — The violation of paragraph (a) or subsection (2) is based on materials depicting a minor engaged in conduct harmful to minors.; 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 60 days (Simple possession of obscene material without intent to distribute — first offense — A person knowingly possesses obscene material without intent to sell, distribute, or advertise it, for a first violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Simple possession of obscene material without intent to distribute — first offense — A person knowingly possesses obscene material without intent to sell, distribute, or advertise it, for a first violation.; 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 1 year (Simple possession of obscene material without intent to distribute — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Simple possession of obscene material without intent to distribute — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.; 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 (Coercive tie-in sale or distribution scheme — A person conditions sale or resale of publications on acceptance of materials reasonably believed obscene, or retaliates against refusal or return of such materials.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Coercive tie-in sale or distribution scheme — A person conditions sale or resale of publications on acceptance of materials reasonably believed obscene, or retaliates against refusal or return of such materials.; 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 1 year (Obscene live show or performance — first offense — A person knowingly promotes, conducts, performs, or participates in an obscene live show or performance, for a first violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Obscene live show or performance — first offense — A person knowingly promotes, conducts, performs, or participates in an obscene live show or performance, for a first violation.; 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 (Obscene live show or performance — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Obscene live show or performance — subsequent offense — A person previously convicted under this subsection commits a subsequent violation of any of its provisions.; 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 (Sale/distribution/possession with intent of obscene child-like sex doll — first offense — A person knowingly sells, distributes, or possesses with intent to distribute an obscene child-like sex doll, for a first violation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Sale/distribution/possession with intent of obscene child-like sex doll — first offense — A person knowingly sells, distributes, or possesses with intent to distribute an obscene child-like sex doll, for a first violation.; 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 15 years (Sale/distribution/possession with intent of obscene child-like sex doll — second or subsequent offense — A person is convicted of violating paragraph (5)(a) a second or subsequent time.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Sale/distribution/possession with intent of obscene child-like sex doll — second or subsequent offense — A person is convicted of violating paragraph (5)(a) a second or subsequent time.; 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 1 year (Simple possession of obscene child-like sex doll — first offense — A person knowingly possesses, without more, an obscene child-like sex doll, for a first violation.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Simple possession of obscene child-like sex doll — first offense — A person knowingly possesses, without more, an obscene child-like sex doll, for a first violation.; 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 (Simple possession of obscene child-like sex doll — second or subsequent offense — A person is convicted of violating paragraph (5)(b) a second or subsequent time.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Simple possession of obscene child-like sex doll — second or subsequent offense — A person is convicted of violating paragraph (5)(b) a second or subsequent time.; 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 prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Distribution/possession with intent (obscene materials) — first offense | Misdemeanor of the First Degree | A person knowingly sells, distributes, produces, or advertises obscene materials, or possesses them with intent to sell/distribute, for a first violation. | Fla. Stat. § 847.011(1)(a) |
| Distribution/possession with intent (obscene materials) — subsequent offense | Felony of the Third Degree | A person previously convicted under this subsection commits a subsequent violation of any of its provisions. | Fla. Stat. § 847.011(1)(a) |
| Obscene materials depicting a minor | Felony of the Third Degree | The violation of paragraph (a) or subsection (2) is based on materials depicting a minor engaged in conduct harmful to minors. | Fla. Stat. § 847.011(1)(c) |
| Simple possession of obscene material without intent to distribute — first offense | Misdemeanor of the Second Degree | A person knowingly possesses obscene material without intent to sell, distribute, or advertise it, for a first violation. | Fla. Stat. § 847.011(2) |
| Simple possession of obscene material without intent to distribute — subsequent offense | Misdemeanor of the First Degree | A person previously convicted under this subsection commits a subsequent violation of any of its provisions. | Fla. Stat. § 847.011(2) |
| Coercive tie-in sale or distribution scheme | Felony of the Third Degree | A person conditions sale or resale of publications on acceptance of materials reasonably believed obscene, or retaliates against refusal or return of such materials. | Fla. Stat. § 847.011(3) |
| Obscene live show or performance — first offense | Misdemeanor of the First Degree | A person knowingly promotes, conducts, performs, or participates in an obscene live show or performance, for a first violation. | Fla. Stat. § 847.011(4) |
| Obscene live show or performance — subsequent offense | Felony of the Third Degree | A person previously convicted under this subsection commits a subsequent violation of any of its provisions. | Fla. Stat. § 847.011(4) |
| Sale/distribution/possession with intent of obscene child-like sex doll — first offense | Felony of the Third Degree | A person knowingly sells, distributes, or possesses with intent to distribute an obscene child-like sex doll, for a first violation. | Fla. Stat. § 847.011(5)(a)2. |
| Sale/distribution/possession with intent of obscene child-like sex doll — second or subsequent offense | Felony of the Second Degree | A person is convicted of violating paragraph (5)(a) a second or subsequent time. | Fla. Stat. § 847.011(5)(a)2. |
| Simple possession of obscene child-like sex doll — first offense | Misdemeanor of the First Degree | A person knowingly possesses, without more, an obscene child-like sex doll, for a first violation. | Fla. Stat. § 847.011(5)(b)1. |
| Simple possession of obscene child-like sex doll — second or subsequent offense | Felony of the Third Degree | A person is convicted of violating paragraph (5)(b) a second or subsequent time. | Fla. Stat. § 847.011(5)(b)2. |
Common questions about prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty in Florida
Is prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty a felony or a misdemeanor in Florida?
It depends on the circumstances: prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty ranges from a Misdemeanor of the Second Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 847.011.
Distribution/possession with intent (obscene materials) — first offense: Misdemeanor of the First Degree (Fla. Stat. § 847.011(1)(a)) · Distribution/possession with intent (obscene materials) — subsequent offense: Felony of the Third Degree (Fla. Stat. § 847.011(1)(a)) · Obscene materials depicting a minor: Felony of the Third Degree (Fla. Stat. § 847.011(1)(c)) · Simple possession of obscene material without intent to distribute — first offense: Misdemeanor of the Second Degree (Fla. Stat. § 847.011(2)) · Simple possession of obscene material without intent to distribute — subsequent offense: Misdemeanor of the First Degree (Fla. Stat. § 847.011(2)) · Coercive tie-in sale or distribution scheme: Felony of the Third Degree (Fla. Stat. § 847.011(3)) · Obscene live show or performance — first offense: Misdemeanor of the First Degree (Fla. Stat. § 847.011(4)) · Obscene live show or performance — subsequent offense: Felony of the Third Degree (Fla. Stat. § 847.011(4)) · Sale/distribution/possession with intent of obscene child-like sex doll — first offense: Felony of the Third Degree (Fla. Stat. § 847.011(5)(a)2.) · Sale/distribution/possession with intent of obscene child-like sex doll — second or subsequent offense: Felony of the Second Degree (Fla. Stat. § 847.011(5)(a)2.) · Simple possession of obscene child-like sex doll — first offense: Misdemeanor of the First Degree (Fla. Stat. § 847.011(5)(b)1.) · Simple possession of obscene child-like sex doll — second or subsequent offense: Felony of the Third Degree (Fla. Stat. § 847.011(5)(b)2.)
What are the penalties for prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty in Florida?
Penalties for prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty in Florida depend on how it is classified — from a Misdemeanor of the Second 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 prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty?
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty is governed by Fla. Stat. § 847.011 (Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty).
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.