Arrestable Offenses / Crimes under Fla. Stat. 847.0145
S847.0145 1 - CRUELTY TOWARD CHILD - SELL MINOR FOR INVOLVEMENT IN PORNOGRAPHY - F: F
S847.0145 2 - CRUELTY TOWARD CHILD - BUY MINOR FOR INVOLVEMENT IN PORNOGRAPHY - F: F
CopyCited 44 times | Published | Supreme Court of Florida | 1994 WL 202545
...(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 14 times | Published | Florida 5th District Court of Appeal | 1993 WL 186548
...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 7 times | Published | Florida 1st District Court of Appeal | 2000 WL 518089
...subsection (6) and community and public notification under subsection (7) if: 1. The felony meets the criteria of former ss.775.22(2) and 775.23(2), specifically, the felony is: a. A capital, life, or first degree felony violation of chapter 794 or s. 847.0145, or of a similar law of another jurisdiction[.] We find, contrary to respondent's argument, that there is no ambiguity in this section regarding the substantive criteria for a court's finding of an offender's status as a sexual predator....
...r speculating as to what the legislature intended."). Neither does paragraph (3)(a)'s statement of legislative intent superimpose into paragraph (4)(c) any classification system for a capital, life, or first degree felony violation of chapter 794 or section 847.0145 that would provide a court with discretion to find, based on the specific facts of the case, that one of these offenses cannot serve as a basis for the sexual predator designation....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 WL 992683
...1996); Kyles v. State,
703 So.2d 1155 (Fla. 4th DCA 1997). Former section 775.23(2)(a) defines a sexual predator as an offender who is convicted of, or who pleads nolo contendere or guilty to, any capital, life, or first-degree felony violation of chapter 794 or section
847.0145, Florida Statutes (1993), or a violation of a similar law of another jurisdiction....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...ing, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: §
787.025; chapter 794; § 796.03; §
800.04; §
825.1025; §
827.071; §
847.0133;
847.0135; §
847.0145; or any similar offense committed in this state which has been redesigned from a former statute number to one of those listed in this subparagraph....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 518503
...The legislature made no distinction between attempted and completed offenses in the Act. Instead, section 775.23(2)(a) defines a sexual predator as an offender who is convicted of, or pleads nolo contendere or guilty to, any capital, life, or first-degree felony violation of chapter 794 or section 847.0145, Florida Statutes (1993)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 929872
...It was error to dismiss the probation violation proceeding. REVERSED and REMANDED. SAWAYA and PALMER, JJ., concur. NOTES [1] According to this section, special conditions must be imposed for probationers who are placed under supervision for violation of chapter 794, §
800.04, §
827.071, or §
847.0145.
CopyCited 1 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961
...Stat: To prove the crime of Unlawful Residency by a Sex Offender, the State must prove the following elements beyond a reasonable doubt: L (Defendant) was convicted of Give a orb as applicable. a. [Florida Statute
794.011] [Florida Statute
800.04] [Florida Statute
827.071] [Florida Statute
847.0135(5) ] [Florida Statute
847.0145] b. a crime in another jurisdiction other than the State of Florida that is similar to Florida Statute [794.011] [800.04] [827.071] [847.0135(5) ] [
847.0145] 2....
...If you find the defendant guilty of Unlawful Residency by a Sex Offender, you must then determine in your verdict whether the State has proven beyond a reasonable doubt that the conviction for Fla. Stat. [794.011] [800.04] [827.071] [847.0135(5) ] [847.0145] was classified as a felony of the [first degree or higher] [second or third degree]....
...If you find the defendant guilty of Unlawful Residency by a Sex Offender, you must then determine in your verdict whether the State has proven beyond a reasonable doubt that the conviction in the other jurisdiction for the crime that was similar to Fla. Stat. [794.011] [800.04] [827.071] [847.0135(5) ] [847.0145] resulted in a penalty that is substantially similar to a felony of the [first degree or higher] [second or third degree]....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 17169, 2002 WL 31557171
...4th DCA 2000), rev. denied,
804 So.2d 329 (Fla.2001). Section
948.03(6), Florida Statutes, provides, in pertinent part: “The sentencing court may only impose a condition of supervision allowing an offender convicted of §
794.011, §
800.04, §
827.071, or §
847.0145, to reside in another state, if the order stipulates that it is contingent upon the approval of the receiving state interstate compact authority.” §
948.03(6), Fla....
CopyPublished | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236
...State,
148 So.3d 90, 93 (Fla.2014). The DSFO Act provides: Any person who is convicted of a violation of section
787.025; section
794.011(2), (3), (4), (5), or (8); section
800.04(4) or (5); section
825.1025(2) or (3); section
827.071(2), (3), or (4); or section
847.0145; or of any similar offense under a former designation, which offense the person committed when he or she was 18 years of age or older, and the person: ... Has been previously convicted of a violation of section
787.025; section
794.011(2), (3), (4), (5), or (8); section
800.04(4) or (5); section 825,1025(2) or (3); section
827.071(2), (3), or (4); section
847.0145; of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were commit...
...scivious offenses committed upon or in the presence of an elderly person or disabled person, section
825.1025, Florida Statutes (2005); • Sexual performance by a child, section
827.071, Florida Statutes (2005); and • Selling or buying of minors, section
847.0145, Florida Statutes (2005)....
CopyPublished | Supreme Court of Florida | 2013 Fla. LEXIS 1931, 2013 WL 3064823
...First, the defendant must have been convicted of violating one of the statutory provisions set out in section
794.0115(2) — i.e., section
787.025(2)(c); section
794.011(2), (3), (4), (5), or (8); section
800.04(4) or (5); section
825.1025(2) or (3); section
827.071(2), (3),’ or (4); or section
847.0145; or of any similar offense under a former designation....
...r an offense that would be a felony if that offense were committed in Florida; or (e) previously been convicted of violating sections
787.025(2)(c),
794.011(2), (3), (4), (5), or (8),
800.04(4) or (5),
825.1025(2) or (3),
827.071(2), (3), or (4), or
847.0145; of any offense under a former statutory designation which is similar in elements to an offense described in this paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony if that offense were committed in t...
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238
...spect and is under supervision for any criminal offense proscribed in chapter 794, Florida Statutes, section
800.04(4), Florida Statutes, section
800.04(5), Florida Statutes, section
800.04(6), Florida Statutes, section
827.071, Florida Statutes, or section
847.0145, Florida Statutes, or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which, but for the effective date, he or she would meet the registration criteria of section 77...
CopyPublished | Florida 5th District Court of Appeal
...(3) Effective for a probationer or community controllee whose crime
was committed on or after September 1, 2005, and who:
....
(c) Has previously been convicted of a violation of chapter 794,
s.
800.04(4), (5), or (6), s.
827.071, or s.
847.0145 and the
unlawful sexual activity involved a victim 15 years of age or
younger and the offender is 18 years of age or older,
the court must order, in addition to any other provision of this
section,...
...s us to conclude that the age restriction
language—“the unlawful sexual activity involved a victim 15 years of age or younger and
the offender is 18 years of age or older”—applies to all the crimes listed in section
948.30(3)(c), not just section
847.0145 as the trial court determined....
