Arrestable Offenses / Crimes under Fla. Stat. 847.013
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
CopyCited 44 times | Published | Supreme Court of Florida | 1994 WL 202545
...is not on point with this case either legally or factually, and never has been. I therefore concur with the majority. NOTES [1] See, e.g., §
794.011, Fla. Stat. (1993) (making it a felony of varying degrees to commit a sexual battery on a minor); id., §
847.013 (prohibiting the sale or loan of videotapes depicting sexual conduct to minors); id., §
847.0133 (prohibiting the distribution of obscene materials to minors); id., §
847.0145 (prohibiting the sale or custodial transfer of minors with knowledge that they may be involved in portraying or engaging in sexually explicit conduct)....
CopyCited 27 times | Published | Supreme Court of Florida | 1990 WL 154236
...1691,
109 L.Ed.2d 98 (1990) (upholding Ohio child pornography statute). Similarly, we are not asked to consider, and I thus would not address, the validity of other obscenity statutes, such as the one prohibiting the sale of pornography to minors. §
847.013, Fla....
CopyCited 19 times | Published | Supreme Court of Florida
...cally designated anatomical areas and specifically designated sexual activities from being depicted in such a manner as to appeal to the prurient interest, etc. Our recent decision in Davison v. State,
288 So.2d 483 (Fla. 1973), held that Fla. Stat. §
847.013, F.S.A., met the "specific definition" requirements of Miller on its face, in that it specifically defined, in terms of physical condition rather than in terms of expression, the statutory meaning of "nudity," "sexual conduct," "sexual exc...
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parents or guardian .... commits a misdemeanor of the first degree"). [64] See Fla. Stat. § 847.013(2)(a) ("It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingl...
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1997 WL 360971
...for child pornographyespecially with the clarity of images, the speed of transmission, and the ability to upload or download the images with ease. Finally, we address the trial court's reasoning that because computer pornography is encompassed by section
847.0135, [12] subsection *441
827.071(5) does not apply to possession of computer images. In its order, the trial court found that if possession of computer images of child pornography could be punished under subsection
827.071(5), "it would in essence repeal the misdemeanor statute [section
847.0135]." [13] The principle of in pari materia requires that a law be construed together with any other law relating to the same purpose such that they are in harmony....
...fense and double jeopardy bars subsequent punishment or prosecution." Id. A review of the two statutes at issue here indicates that each statute contains an element not contained in the other. Subsection
827.071(5) requires proof of possession while section
847.0135 concerns the dissemination of information where that information is for the purpose of facilitating sexual conduct, or the visual depiction of such sexual conduct, with a minor. Further, defendant's alleged conduct in this case included not only the possession of computer images, but also an attempt to upload pornographic images of children to an on-line bulletin board. A review of the staff analysis of the bill creating section
847.0135 supports the view that the enactment of that statute was not intended to supplant subsection
827.071(5)....
...The summary of the "present situation" acknowledges that possession of child pornography is punishable as a third-degree felony under section
827.071(5). See id. The analysis states that the Computer Pornography and Child Exploitation Act of 1986 (section
847.0135) was created "to prohibit the transmission of computer pornography involving minors." Id. "The intent of this bill is to prevent computer `hackers' from transmitting demographic and other information on children for the purpose of encouraging sexual conduct with a child." Id. The purpose of section
847.0135 was thus to enhance the protection of minors by prohibiting this unfortunate bi-product of computer technology....
...1987), had argued that the issue of whether a real child was depicted was a jury question. On appeal, defendant has not argued this alternative basis for affirming the trial court's order of dismissal. [3] The same terms are used without definition in section 847.013, entitled "Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations." [4] This court has, when considering a different issue, described a "computer animation" as a "pictorial representation." See Pierce v....
...which is not protected by the First Amendment, see Osborne v. Ohio,
495 U.S. 103,
110 S.Ct. 1691,
109 L.Ed.2d 98 (1990); whereas, the CDA attempts to protect minors from harmful material on the Internet. [11] See generally Shiff, supra note 7. [12] Section
847.0135, the "Pornography and Child Exploitation Prevention Act of 1986," states in relevant part: (2) Computer pornography.A person is guilty of a violation of this section if he knowingly compiles, enters into, or transmits by means of c...
...e number, place of residence, physical characteristics, or other descriptive or identifying information, for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct. §
847.0135, Fla. Stat. (1995). [13] Section
847.0135 was amended effective October 1, 1996 to increase the penalty for a violation of that section from a first-degree misdemeanor to a third-degree felony, similar to a violation of subsection
827.071(5). The amendments to section
847.0135 also prohibit certain uses of computer services and provide for liability of the owners or operators of the computer services. §
847.0135, Fla....
CopyCited 15 times | Published | District Court, M.D. Florida | 1987 WL 49622
...A use which exhibits any motion picture, exhibition, show, live show, representation, or other presentation which, in whole or in part, depicts nudity, sexual 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, F.S., as may be amended....
...Holmes clarified that live, nude dancing or female breast exposure qualifies the establishment as an adult theater which must be located in a BA zone, although alcohol is excluded. While the amended zoning ordinance defines an adult theater, Florida Statutes, chapter 847, section 847.013 describes nudity, including breast exposure and activities harmful to minors....
CopyCited 14 times | Published | Florida 5th District Court of Appeal | 1993 WL 186548
...to be brought under section
800.04 rather than section
794.05 or
794.011. Also demonstrating Florida's policy of expanded protection of minors from harmful explicit sexual conduct are other statutes which deal with a variety of subjects. See, e.g., section
847.013 (exposing minors to obscene motion pictures and shows); section
847.0133 (protection of minors; prohibition of certain acts in connection with obscenity; penalty); section
847.0145 (selling or buying minors to engage in sexually explicit conduct for the purpose of visually depicting it)....
CopyCited 12 times | Published | Supreme Court of Florida
...ssible in another. The prosecution was based on Section
847.011, Florida Statutes, prohibiting certain acts in connection with obscene material. During the progress of the trial the witnesses were allowed to testify as to certain matters relating to Section
847.013, Florida Statutes, which penalizes the act of exposing minors to harmful "motion pictures, exhibitions, shows, presentations, or representations." The testimony relating to the exposure to minors was highly prejudicial and reversible error....
CopyCited 7 times | Published | Supreme Court of Florida
...Roscow, III, of Scruggs, Carmichael, Tomlinson, Roscow & Pridgeon, Gainesville, for appellant. Robert L. Shevin, Atty. Gen., Raymond L. Marky and Ronald W. Sabo, Asst. Attys. Gen., for appellee. CARLTON, Justice. Appellant, an outdoor theatre operator, was convicted by a jury of violating Fla. Stat. § 847.013, F.S.A....
...Romeo and Juliet." A Sheriff Department investigator had supplied Hooten with the admission price in advance; this investigator followed the boy into the Drive-In in a separate car. On February 14, appellant was arrested for violation of Fla. Stat. § 847.013, F.S.A., and prints of the films shown were taken pursuant to warrant. Appellant appeals from his subsequent jury conviction. The points on appeal may be divided logically between those relating to events at trial and those relating to the constitutionality of the statute. Fla. Stat. § 847.013, F.S.A....
...Having failed to object to the error he now complains of, the appellant is precluded from asserting this as a ground for reversal. York v. State,
232 So.2d 767 (4th D.C.A., Fla. 1969). Appellant presents arguments against the constitutionality of Fla. Stat. §
847.013, F.S.A....
...[3] We further find that neither the State nor the Federal Constitutions require a prior judicially supervised hearing for determination of probable cause prior to issuance of arrest and search warrants obtained on account of an alleged violation of Fla. Stat. § 847.013(2) (a), F.S.A....
...Again, our thinking is reflected in the dissent of the Honorable George C. Young, District Judge, appearing at pages 474-476. The Federal Constitution does not require that a specific provision for prompt appellate review be written into the provisions of Fla. Stat. § 847.013(2), F.S.A....
...Fla. Stat. §
847.011, F.S.A., and criticism of standards used in various Florida cases by the majority of the assembled panel in Meyer v. Austin. [6] In reviewing the case at hand, we find that appellant's complaint is not properly with Fla. Stat. §
847.013, F.S.A., because the standard given in Section (1) (f) (2) [7] was approved in Ginsberg v....
...We are particularly concerned that a local standard interpretation of "community" should apply in relation to juveniles, since we view the raising of children as being an inherently local community concern. [9] For the foregoing reasons, we conclude that Fla. Stat. § 847.013(1) and (2), F.S.A., are constitutional under both the State and the Federal Constitutions....
...ROBERTS, C.J., BOYD, McCAIN and DEKLE, JJ., and JOHNSON, District Court Judge, concur. ERVIN, J., dissents with opinion. ERVIN, Justice (dissenting): This is a threshold case for Florida which, regardless of its present posture as a criminal conviction for an alleged violation of F.S. section 847.013, F.S.A., involves the larger question of the limits and restraints that may be placed by the state as censor under its police power upon exhibitions of theatrical or motion picture productions and other art media and art form expressi...
...in this case and retain jurisdiction until cases such as Meyer v. Austin,
319 F. Supp. 457 (M.D.Fla. 1970) are decided by the Supreme Court of the United States. These Federal cases when decided may give us clearer guidelines for the application of section
847.013 and perhaps of F.S....
...The case began to circulate among the Justices for determination of jurisdiction on February 16, 1971, and this Court's Order scheduling argument was entered on April 14, 1971. The case was orally argued on June 2, 1971. [6] See
319 F. Supp. 457, at 464-466. [7]
847.013(1) (f): "`Harmful to minors' means that quality of any description, exhibition, presentation, or representation, in whatever form * * * when it: "2....
CopyCited 4 times | Published | Supreme Court of Florida
...Shevin, Atty. Gen., Raymond L. Marky and Ronald W. Sabo, Asst. Attys. Gen., for appellee. DEKLE, Justice. This case is before us pursuant to mandate of the United States Supreme Court for reconsideration of our previous opinion [1] involving Fla. Stat. § 847.013, F.S.A., in light of the recent "cluster" of U.S. Supreme Court decisions in obscenity cases. [2] Having examined these decisions, we find that four issues previously raised and decided warrant reconsideration: (1) the constitutionality vel non of Fla. Stat. § 847.013 [F.S.A.]; (2) whether the seizure of the motion picture films in question was improper under the circumstances; (3) whether the statute in question [3] unconstitutionally fails to provide for prompt appellate consideration and final determ...
...sis of the principles set forth in Miller , etc. We find that the same principles apply here insofar as the issues in Rhodes were concerned and therefore cite Rhodes as the *485 basis for confirmation of the constitutionality of the present statute, § 847.013 (Minors)....
...ed the admission price in advance by an investigator for the Sheriff's Department, who followed the boy into the drive-in in a separate car and viewed the films. On February 14, the appellant theatre operator was arrested for violation of Fla. Stat. § 847.013, F.S.A., and prints of the films in question were taken for use as evidence, pursuant to a warrant....
...perator from obtaining and showing another copy of the same print. Thus, in accordance with Heller , we find that the seizure in the instant case was proper. PROMPT REVIEW The next issue meriting reconsideration is the question of whether Fla. Stat. § 847.013, F.S.A....
...COMMUNITY STANDARD The fourth, and most difficult, question we deal with today is that of the applicable community standards. Appellant was convicted of knowingly exhibiting to a minor a motion picture depicting sexual conduct and harmful to minors, in violation of Fla. Stat. § 847.013(2)(a), F.S.A. In defining the applicable standard, the statute refers to: "prevailing standards in the adult community as a whole with respect to what is suitable for minors." Fla. Stat. § 847.013(1)(f)(2), F.S.A....
..." We conclude that the trial judge did not err in instructing the jury to apply the contemporary community standards of the adult community of Alachua County, Florida, as a whole. Accordingly, we resolve the issues reconsidered today as follows: (1) § 847.013 meets constitutional standards; (2) the seizure of the prints of the films in question, under the circumstances involved, was reasonable; (3) the provisions of Fla. Stat. § 847.013 [F.S.A.] meet the requirements for prompt appellate determination *488 of the obscenity issue, at least insofar as the injunctive provisions of the statute are not involved....
...graphy suppression by criminal laws that promote public safety, welfare, and morals? How far paternalistic can Big Brother go? To avoid repetition, I do not undertake to set forth specifically in this case my views upon the constitutionality of F.S. Section 847.013, F.S.A., because I have said in a special opinion in Rhodes v....
...1973),
283 So.2d 351, text 359, that I reserve expression of my views on the constitutionality of the pornography statutes until we decide State v. Auippa, Case No. 44,274, now pending before us. However, this case ought to be reversed on grounds other than the constitutionality of F.S. Section
847.013, F.S.A....
...The trial court refused to admit proffered testimony of two persons who were the sole employees of Appellant to handle ticket collections and admissions to Appellant's drive-in theatre that he had given them explicit instructions not to admit minors to the theatre to see the X-rated movies. The statute, Section 847.013, requires scienter, the knowing exhibit by a defendant to a minor of a movie banned to him....
...139,
93 S.Ct. 2675,
37 L.Ed.2d 513; Heller v. New York,
413 U.S. 483,
93 S.Ct. 2789,
37 L.Ed.2d 745; Roaden v. Kentucky,
413 U.S. 496,
93 S.Ct. 2796,
37 L.Ed.2d 757; and Alexander v. Virginia,
413 U.S. 836,
93 S.Ct. 2803,
37 L.Ed.2d 993. [3] Fla. Stat. §
847.013, F.S.A. [4] In point of fact, §
847.013 exceeds the minimum requirements of the new obscenity test in that it specifically requires that the offending material be "utterly without redeeming social importance for minors," rather than merely having no significant political, etc., value. Fla. Stat. §
847.013(1) (f) (3), F.S.A....
CopyCited 3 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 21588, 2001 WL 1044897
...exhibits any motion picture, exhibition, show, live show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and is harmful to minors, all as defined in F.S. § 847.013, as it may be amended....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
...§
800.04(7), and vulgar or indecent “exposure of sexual organs,” Fla.
Stat. §
800.03, to bans on “obscene show[s] . . . by a live person before an au-
dience,” Fla. Stat. §
847.011(4), distribution of “obscene material to a minor,”
Fla. Stat. §
847.0133, and “public nuisances” or “disorderly conduct.” Fla....
...So whatever the scope of the Act’s proscriptions, they likely
extend beyond the obscenity statutes that FDBPR already previ-
ously enforced against drag shows. See, e.g., Fla. Stat. §§
847.011
(“Prohibition of certain acts in connection with obscene, lewd, etc.,
materials”),
847.0133 (“Protection of minors; prohibition of certain
acts in connection with obscenity”)....
...their age to access speech, the burden is greater.
Finally, our overbreadth analysis must account for the fact
that other Florida law already covers much of the material the Act
prohibits. 15 Florida Statutes, Section 847.013(3)(a), for example,
makes it a misdemeanor to “knowingly admit a minor for a mone-
tary consideration to premises whereon there is exhibited a motion
picture, exhibition, show, representation, or other pre...
...74 Opinion of the Court 23-
12160
so. 16 Nor does anything we say touch on Florida’s many other laws
protecting children from harmful content. See, e.g., Fla. Stat.
§§
847.012;
847.0125;
847.0133;
847.0134;
847.0138;
847.01385;
847.0141.
Florida speakers and parents also still retain the freedom to
decide what speech is appropriate at which ages....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Oct 9, 2024
Act prohibits. 15 Florida Statutes, Section
847.013(3)(a), for example, makes it a misdemeanor
