Florida statute
Fla. Stat. § 847.0138 — Transmission of material harmful to minors to a minor 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. § 847.0138
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.
(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.
Official sources
Legal terms used in this section
Questions this section answers
Is transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties a felony or a misdemeanor in Florida?
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties is a Felony of the Third Degree in Florida under Fla. Stat. § 847.0138.
Which Florida statute covers transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties?
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties is governed by Fla. Stat. § 847.0138 (Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties).
This reference is informational and is not legal advice.