Florida Statute 847.133 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 847
OBSCENITY

View Entire Chapter

F.S. 847.0133

847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty.—

(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section “obscene material” means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing paper, card, picture, drawing, photograph, motion picture film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose. The term “obscene” has the same meaning as set forth in s. 847.001.

(2) As used in this section “knowingly” has the same meaning set forth in s. 847.012(1). A “minor” is any person under the age of 18 years.

(3) A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 63, ch. 90-306; s. 7, ch. 93-4; s. 5, 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.”

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Amendments to 847.0133

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.0133

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

S847.0133 - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 8389 - F: T

S847.0133 - OBSCENE MATERIAL-DISTRIB - RENUMBERED. SEE REC # 8390 - F: T

S847.0133 1 - OBSCENE MATERIAL-SELL - SELL RENT LOAN GIVE OBSCENE MATERIAL TO MINOR - F: T

S847.0133 1 - OBSCENE MATERIAL-DISTRIB - DISTRB TRANSMIT SHOW OBSCENE MATERIAL TO MINOR - F: T

S847.0133 3 - OBSCENE MATERIAL-SELL - RENUMBERED. SEE REC # 9068 - F: T

S847.0133 3 - OBSCENE MATERIAL-DISTRIB - RENUMBERED. SEE REC # 9069 - F: T

Cases Citing Statute 847.0133

Total Results: 22

Jones v. State

640 So. 2d 1084, 1994 WL 202545

Supreme Court of Florida | Filed: May 26, 1994 | Docket: 1719017

Cited 44 times | Published

videotapes depicting sexual conduct to minors); id., § 847.0133 (prohibiting the distribution of obscene materials

Jones v. State

619 So. 2d 418, 1993 WL 186548

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 307734

Cited 14 times | Published

minors to obscene motion pictures and shows); section 847.0133 (protection of minors; prohibition of certain

Foburg v. State

744 So. 2d 1175, 1999 WL 992726

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721499

Cited 8 times | Published

minor C.U. obscene material, in violation of section 847.0133; and three counts of causing or encouraging

Wegner v. State

928 So. 2d 436, 2006 WL 1113577

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1713668

Cited 6 times | Published

obscene material to a minor, in violation of section 847.0133, Florida Statutes (2000). We reject Mr. Wegner's

Allen v. State

82 So. 3d 118, 2012 WL 280238, 2012 Fla. App. LEXIS 1324

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2415429

Cited 5 times | Published

1999) ("a/any" test applied in the context of section 847.0133 punishing the transmission of obscene material

Beber v. State

853 So. 2d 576, 2003 WL 22056036

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660279

Cited 3 times | Published

showing the child an "obscene" magazine or picture. § 847.0133(1). Because the child did not identify the magazine

Burnett v. State

737 So. 2d 1106, 1998 WL 716948

District Court of Appeal of Florida | Filed: Oct 15, 1998 | Docket: 1300725

Cited 3 times | Published

appellant were specifically prohibited in section 847.0133, Florida Statutes (1995), the State could

In Re Amendments to Rules of Juvenile Proc.

951 So. 2d 804, 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

Supreme Court of Florida | Filed: Feb 8, 2007 | Docket: 1280790

Cited 2 times | Published

chapter 796, chapter 800, section 827.071, or section 847.0133, Florida Statutes; or ..... that the juvenile

Valdes v. State

930 So. 2d 682, 2006 WL 782878

District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 1749517

Cited 2 times | Published

was sufficient to support a conviction under section 847.0133. In Beber, the child victim could not identify

Johnson v. State

795 So. 2d 82

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 1673176

Cited 2 times | Published

794; § 796.03; § 800.04; § 825.1025; § 827.071; § 847.0133; 847.0135; § 847.0145; or any similar offense

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

“obscene material to a minor,” Fla. Stat. § 847.0133, and “public nuisances” or “disorderly conduct

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

“obscene material to a minor,” Fla. Stat. § 847.0133, and “public nuisances” or “disorderly conduct

ANDREWS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529766

Published

for distributing obscene material to a minor, § 847.0133(1), Fla. Stat. (2017-2019). See generally Fla

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

199 So. 3d 234, 2016 WL 4480340

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416254

Published

11.22 GIVING OBSCENE MATERIAL TO A MINOR § 847.0133, Fla. Stat. To prove the crime of Giving

William R. Crews v. State of Florida

183 So. 3d 329, 40 Fla. L. Weekly Supp. 653, 2015 Fla. LEXIS 2626, 2015 WL 7566535

Supreme Court of Florida | Filed: Nov 25, 2015 | Docket: 3015983

Published

obscene material to a minor in violation of section 847.0133, Florida Statutes (2005). .The statute of

Jeremy Douglas v. State of Florida

144 So. 3d 609

District Court of Appeal of Florida | Filed: Aug 5, 2014 | Docket: 749009

Published

showing pornography to a child, in violation of section 847.0133(1), Florida Statutes. We affirm the battery

Austin v. State

67 So. 3d 403, 2011 Fla. App. LEXIS 12389, 2011 WL 3452939

District Court of Appeal of Florida | Filed: Aug 9, 2011 | Docket: 60302107

Published

conviction and probationary sentence for violating section 847.0133, Florida Statutes (2009), which makes it a

Foburg v. State

807 So. 2d 774, 2002 Fla. App. LEXIS 1806, 2002 WL 236625

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64812624

Published

obscene material to a child in violation of section 847.0133, Florida Statutes (1995). The only evidence

Amendments to the Rules of Juvenile Procedure

783 So. 2d 138, 25 Fla. L. Weekly Supp. 924, 2000 Fla. LEXIS 2041, 2000 WL 1587805

Supreme Court of Florida | Filed: Oct 26, 2000 | Docket: 64804956

Published

chapter 796, chapter 800, section 827.071, or section 847.0133, Florida Statutes; or .... that the juvenile

Thibeault v. State

732 So. 2d 28, 1999 Fla. App. LEXIS 5507, 1999 WL 252661

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788084

Published

These counts were based on violations of section 847.0133, Florida Statutes (1997). Thibeault was charged

Miller v. State

693 So. 2d 96, 1997 Fla. App. LEXIS 4906, 1997 WL 228542

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 64773316

Published

his plea of nolo contendere to violation of section 847.0133, Florida Statutes (1993). We dismiss this

Florida Rules of Criminal Procedure re: Sentencing Guidelines

576 So. 2d 1307, 16 Fla. L. Weekly Supp. 198, 1991 Fla. LEXIS 411, 1991 WL 28402

Supreme Court of Florida | Filed: Mar 7, 1991 | Docket: 64657567

Published

section 63, Laws of Florida (codified at section 847.0133, Florida Statutes (Supp.1990)), creates the