Florida criminal charge
Sexual performance by a child; child pornography; penalties in Florida
Sexual performance by a child; child pornography; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 827.071. 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. § 827.071.
What is the penalty for sexual performance by a child; child pornography; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Use of a child in a sexual performance — A person, knowing the character and content thereof, employs, authorizes, or induces a child to engage in a sexual performance, or as a parent, legal guardian, or custodian consents to such participation.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Use of a child in a sexual performance — A person, knowing the character and content thereof, employs, authorizes, or induces a child to engage in a sexual performance, or as a parent, legal guardian, or custodian consents to such participation.; 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 (Promoting a sexual performance by a child — A person, knowing the character and content thereof, produces, directs, or promotes any performance which includes sexual conduct by a child.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Promoting a sexual performance by a child — A person, knowing the character and content thereof, produces, directs, or promotes any performance which includes sexual conduct by a child.; 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 (Possession with intent to promote child pornography — A person possesses with intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or part, includes child pornography, with possession of three or more copies being prima facie evidence of intent to promote.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession with intent to promote child pornography — A person possesses with intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or part, includes child pornography, with possession of three or more copies being prima facie evidence of intent to promote.; 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 child pornography — A person knowingly solicits, possesses, controls, or intentionally views a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that, in whole or part, is known to include child pornography, with each item or each depicted child constituting a separate offense.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Solicitation, possession, control, or intentional viewing of child pornography — A person knowingly solicits, possesses, controls, or intentionally views a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation that, in whole or part, is known to include child pornography, with each item or each depicted child constituting a separate offense.; 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 sexual performance by a child; child pornography; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Use of a child in a sexual performance | Felony of the Second Degree | A person, knowing the character and content thereof, employs, authorizes, or induces a child to engage in a sexual performance, or as a parent, legal guardian, or custodian consents to such participation. | Fla. Stat. § 827.071(2) |
| Promoting a sexual performance by a child | Felony of the Second Degree | A person, knowing the character and content thereof, produces, directs, or promotes any performance which includes sexual conduct by a child. | Fla. Stat. § 827.071(3) |
| Possession with intent to promote child pornography | Felony of the Second Degree | A person possesses with intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or part, includes child pornography, with possession of three or more copies being prima facie evidence of intent to promote. | Fla. Stat. § 827.071(4) |
| Solicitation, possession, control, or intentional viewing of child pornography | 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 that, in whole or part, is known to include child pornography, with each item or each depicted child constituting a separate offense. | Fla. Stat. § 827.071(5)(a) |
Common questions about sexual performance by a child; child pornography; penalties in Florida
Is sexual performance by a child; child pornography; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: sexual performance by a child; child pornography; penalties ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 827.071.
Use of a child in a sexual performance: Felony of the Second Degree (Fla. Stat. § 827.071(2)) · Promoting a sexual performance by a child: Felony of the Second Degree (Fla. Stat. § 827.071(3)) · Possession with intent to promote child pornography: Felony of the Second Degree (Fla. Stat. § 827.071(4)) · Solicitation, possession, control, or intentional viewing of child pornography: Felony of the Third Degree (Fla. Stat. § 827.071(5)(a))
What are the penalties for sexual performance by a child; child pornography; penalties in Florida?
Penalties for sexual performance by a child; child pornography; 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 sexual performance by a child; child pornography; penalties?
Sexual performance by a child; child pornography; penalties is governed by Fla. Stat. § 827.071 (Sexual performance by a child; child pornography; 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.