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Florida statute

Fla. Stat. § 847.0137 — Transmission of pornography by electronic device or equipment prohibited; penalties

Current through 2025 Florida Statutes

Part of Chapter 847: Obscenity, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 847.0137

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 847.0137Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term “transmit” means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device. (2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction 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 reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state. (5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3). The provisions of this section do not apply to subscription-based transmissions such as list servers.

Official sources

Legal terms used in this section

Questions this section answers

Is transmission of pornography by electronic device or equipment prohibited; penalties a felony or a misdemeanor in Florida?

Transmission of pornography by electronic device or equipment prohibited; penalties is a Felony of the Third Degree in Florida under Fla. Stat. § 847.0137.

Which Florida statute covers transmission of pornography by electronic device or equipment prohibited; penalties?

Transmission of pornography by electronic device or equipment prohibited; penalties is governed by Fla. Stat. § 847.0137 (Transmission of pornography by electronic device or equipment prohibited; penalties).

This reference is informational and is not legal advice.