The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 847
OBSCENITY

View Entire Chapter

F.S. 847.013

847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.—

(1) “KNOWINGLY” DEFINED.—As used in this section “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

(a) The character and content of any motion picture described herein which is reasonably susceptible of examination by the defendant, or the character of any exhibition, presentation, representation, or show described herein, other than a motion picture show, which is reasonably susceptible of being ascertained by the defendant; and

(b) The age of the minor.

(2) MINOR’S AGE.—A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for a violation of this section.

(3) OFFENSES AND PENALTIES.—

(a) A person may not knowingly exhibit for a monetary consideration to a minor or knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.

(b) A person may not knowingly rent or sell, or loan to a minor for monetary consideration, a videocassette or a videotape of a motion picture, or similar presentation, which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.

(c) The provisions of paragraph (a) do not apply to a minor when the minor is accompanied by his or her parents or either of them.

(d) A minor may not falsely represent to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that the minor is 17 years of age or older, with the intent to procure the minor’s admission to such premises, or the minor’s purchase or rental of a videotape, for a monetary consideration.

(e) A person may not knowingly make a false representation to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of age or older, with intent to procure the minor’s admission to the premises or to aid the minor in procuring admission thereto, or to aid or enable the minor’s purchase or rental of a videotape, for a monetary consideration.

(f) A violation of any provision of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) INJUNCTIVE PROCEEDINGS.—

(a) The circuit court has jurisdiction to enjoin a threatened violation of subsection (2) upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney.

(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person or persons complained of until final hearing or further order of the court. Whenever the relator requests a judge of the court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. An order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the person or persons restrained of the time when and place where the application for the restraining order is to be heard. However, the notice shall be dispensed with when it is manifest to the judge, from the allegations of a sworn complaint or independent affidavit, sworn to by the relator or by some person associated with him or her in the field of law enforcement and filed by the relator, that the apprehended violation will be committed if an immediate remedy is not afforded.

(c) The person or persons sought to be enjoined are entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial.

(d) In any action brought as provided in this section, a bond or undertaking is not required of the state or the relator state attorney before the issuance of a restraining order provided for by this section, and there is no liability on the part of the state or the relator state attorney for costs or damages sustained by reason of such restraining order in any case in which a final decree is rendered in favor of the person or persons sought to be enjoined.

(e) Every person who has possession, custody, or control of, or otherwise deals with, any motion picture, exhibition, show, representation, or presentation described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents or character thereof.

(5) LEGISLATIVE INTENT.—In order to make the application and enforcement of this section uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons under 17 years of age to harmful motion pictures, exhibitions, shows, representations, presentations, and commercial or sexual exploitation. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1969, and relating to such subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to that subject on or after such effective date.

History.—ss. 1, 2, 3, 4, ch. 69-10; s. 1055, ch. 71-136; s. 34, ch. 73-334; s. 3, ch. 83-77; s. 4, ch. 86-38; s. 5, ch. 86-238; s. 6, ch. 88-283; s. 1350, ch. 97-102; s. 4, ch. 2008-120.

Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”

F.S. 847.013 on Google Scholar

F.S. 847.013 on Casetext

Amendments to 847.013

Arrestable Offenses / Crimes under Fla. Stat. 847.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

S847.013 - OBSCENE MATERIAL-SELL - SELL RENT TO MINOR HARMFUL VIDEO - M: F

S847.013 2a - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 6468 - M: F

S847.013 2d - FRAUD - RENUMBERED. SEE REC # 6469 - M: F

S847.013 2e - FRAUD-IMPERSON - RENUMBERED. SEE REC # 6470 - M: F

S847.013 3a - OBSCENITY - EXHIBIT SELL RENT VIDEO TICKET HARM MINOR - M: F

S847.013 3b - OBSCENE MATERIAL-SELL - SELL RENT VIDEO HARMFUL TO MINOR - M: F

S847.013 3d - OBSCENITY - MINOR MISREPRESENT AGE TO GAIN ENTRANCE - M: F

S847.013 3e - OBSCENITY - MISREP SELF AS MINOR PARENT TO VIEW OBSCENITY - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. INGRAM,, 170 So. 3d 727 (Fla. 2015)

. . . sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013 . . . sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013 . . .

UNITED STATES v. DAVIS, 65 F. Supp. 3d 1352 (M.D. Fla. 2014)

. . . Convicted of a misdemeanor violation s. 784.048, s. 810.14, s 847.011, s. 847.013, s. 847.0135, or s. . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 847.013(2)(a) ("It is unlawful for any person knowingly to exhibit for a monetary consideration to . . .

RED- EYED JACK, INC. a v. CITY OF DAYTONA BEACH, a a s, v. a, 165 F. Supp. 2d 1322 (M.D. Fla. 2001)

. . . . § 847.013, as it may be amended. . See Appendix A. . See Appendix B. . . . .

STATE v. COHEN,, 696 So. 2d 435 (Fla. Dist. Ct. App. 1997)

. . . The same terms are used without definition in section 847.013, entitled "Exposing minors to harmful motion . . .

RENO, ATTORNEY GENERAL OF THE UNITED STATES, v. AMERICAN CIVIL LIBERTIES UNION, 521 U.S. 844 (U.S. 1997)

. . . . § 847.013(2) (1994) (same); Ga. Code Ann. § 16—12—103(b) (1996) (same); Haw. Rév. . . .

JONES, v. STATE RODRIGUEZ, v. STATE, 640 So. 2d 1084 (Fla. 1994)

. . . Fla.Stat. (1993) (making it a felony of varying degrees to commit a sexual battery on a minor); id., § 847.013 . . .

JONES, v. STATE STATE v. RODRIGUEZ, 619 So. 2d 418 (Fla. Dist. Ct. App. 1993)

. . . See, e.g., section 847.013 (exposing minors to obscene motion pictures and shows); section 847.0133 ( . . .

STALL, STATE LONG, v. STATE, 570 So. 2d 257 (Fla. 1990)

. . . . § 847.013, Fla.Stat. (1989). . . .

STATE v. LONG, E. CMH d b a, 544 So. 2d 219 (Fla. Dist. Ct. App. 1989)

. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating, to obscene literature and . . .

DEPARTMENT OF INSURANCE AND TREASURER v NATIONAL BENEFIT LIFE INSURANCE COMPANY, 32 Fla. Supp. 2d 179 (Fla. Div. Admin. Hearings 1988)

. . . See, e.g., Sections 847.012, 847.0125 and 847.013, Florida Statutes (1987). . . .

FUNCTION JUNCTION, INC. a a a v. CITY OF DAYTONA BEACH, a, 705 F. Supp. 544 (M.D. Fla. 1987)

. . . conduct, sexual excitement, or sadomasochistic abuse and is harmful to minors, all as defined in § 847.013 . . . , F.S., as may be amended, and admission of minors to which is unlawful in accordance with § 847.013, . . . While the amended zoning ordinance defines an adult theater, Florida Statutes, chapter 847, section 847.013 . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . (b), 832.041, 832.05(2), 837.05, 837.06, 843.02, 843.13, 843.17, 847.011(1), (2), (4), 847.0125(2), 847.013 . . .

STATE OF FLORIDA v. BURKE, 11 Fla. Supp. 2d 130 (Polk Cty. Ct. 1985)

. . . conduct in the presence of minors, it would have done so, as it did in regard to pornography in section 847.013 . . .

BOWDEN, v. STATE WILLIAMS, v. STATE, 402 So. 2d 1173 (Fla. 1981)

. . . Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene literature and . . .

JOHNSON, v. STATE, 351 So. 2d 10 (Fla. 1977)

. . . progress of the trial the witnesses were allowed to testify as to certain matters relating to Section 847.013 . . .

STATE v. AIUPPA,, 298 So. 2d 391 (Fla. 1974)

. . . . § 847.013, F.S.A., met the “specific definition” requirements of Miller on its face, in that it specifically . . .

E. DAVISON, v. STATE, 288 So. 2d 483 (Fla. 1973)

. . . . § 847.013, F. S.A., in light of the recent “cluster” of U. S. . . . Stat. § 847.013 [F.S.A.]; (2) whether the seizure of the motion picture films in question was improper . . . On February 14, the appellant theatre operator was arrested for violation of Fla.Stat. § 847.013, F.S.A . . . Virginia, 413 U.S. 836, 93 S.Ct. 2803, 37 E.Ed.2d 993. .Fla.Stat. § 847.013, F.S.A. . . . . Fla.Stat. § 847.013 (1) (f) (3), F.S.A. . . . . Section 847.013, F.S.A., because I have said in a special opinion in Rhodes v. . . . Section 847.013, F.S.A. . . . The statute, Section 847.013, requires scienter, the knowing exhibit by a defendant to a minor of a movie . . .

E. RHODES, v. STATE, 283 So. 2d 351 (Fla. 1973)

. . . The next sections of the obscenity statutes, §§ 847.012 and 847.013, as to persons under 17 years of . . .

DASHER d b a v. BOYETT, 365 F. Supp. 809 (M.D. Fla. 1973)

. . . be construed to repeal or in any way supersede the provisions of Sec. 847.011, Sec. 847.012, or Sec. 847.013 . . .

E. DAVISON, v. STATE, 251 So. 2d 841 (Fla. 1971)

. . . . § 847.013, F.S.A. by knowingly admitting a minor for a monetary consideration to an exhibition of motion . . . On February 14, appellant was arrested for violation of Fla.Stat. § 847.013, F.S.A., and prints of the . . . Fla.Stat. § 847.013, F.S.A. provides that it is unlawful to “knowingly exhibit” a harmful motion picture . . . Appellant presents arguments against the constitutionality of Fla.Stat. § 847.013, F.S. . . . Appellant’s second point relating to the alleged unconstitutionality of Fla.Stat. § 847.013, F.S.A. is . . . regardless of its present posture as a criminal conviction for an alleged violation of F.S. section 847.013 . . . These Federal cases when decided may give us clearer guidelines for the application of section 847.013 . . .