Florida Statute 847.145 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 847
OBSCENITY

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F.S. 847.0145

847.0145 Selling or buying of minors; penalties.—

(1) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either:

(a) With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or

(b) With intent to promote either:

1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or

2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either:

(a) With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct;

(b) With intent to promote either:

1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or

2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 88-283.

F.S. 847.0145 on Google Scholar

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Amendments to 847.0145

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 847.0145

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

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

Cases Citing Statute 847.0145

Total Results: 13

Jones v. State

640 So. 2d 1084, 1994 WL 202545

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

Cited 44 times | Published

distribution of obscene materials to minors); id., § 847.0145 (prohibiting the sale or custodial transfer of

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

acts in connection with obscenity; penalty); section 847.0145 (selling or buying minors to engage in sexually

State v. Curtin

764 So. 2d 645, 2000 WL 518089

District Court of Appeal of Florida | Filed: Apr 25, 2000 | Docket: 470305

Cited 7 times | Published

degree felony violation of chapter 794 or section 847.0145 that would provide a court with discretion

State v. Colley

744 So. 2d 1172, 1999 WL 992683

District Court of Appeal of Florida | Filed: Nov 3, 1999 | Docket: 1721420

Cited 4 times | Published

first-degree felony violation of chapter 794 or section 847.0145, Florida Statutes (1993), or a violation of

State v. Thurman

791 So. 2d 1228, 2001 WL 929872

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1228894

Cited 2 times | Published

violation of chapter 794, § 800.04, § 827.071, or § 847.0145.

Johnson v. State

795 So. 2d 82

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

Cited 2 times | Published

§ 825.1025; § 827.071; § 847.0133; 847.0135; § 847.0145; or any similar offense committed in this state

Johnson v. State

716 So. 2d 332, 1998 WL 518503

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 424734

Cited 2 times | Published

first-degree felony violation of chapter 794 or section 847.0145, Florida Statutes (1993). Attempted capital

In re Standard Jury Instructions in Criminal Cases—Report No. 2011-03

95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327

Cited 1 times | Published

827.071] [Florida Statute 847.0135(5) ] [Florida Statute 847.0145] b. a crime in another jurisdiction other

Jonathan Taplin v. State

254 So. 3d 1137

District Court of Appeal of Florida | Filed: Aug 27, 2018 | Docket: 7819893

Published

listed in section 948.30(3)(c), not just section 847.0145 as the trial court determined. Accord Harroll

Carlos J. Acevedo v. State of Florida

218 So. 3d 878, 42 Fla. L. Weekly Supp. 601, 2017 WL 2210387, 2017 Fla. LEXIS 1236

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063849

Published

or (3); section 827.071(2), (3), or (4); or section 847.0145; or of any similar offense under a former

In re Standard Jury Instructions in Criminal Cases-Instruction 11.16(A)

116 So. 3d 1223, 2013 Fla. LEXIS 1931, 2013 WL 3064823

Supreme Court of Florida | Filed: Jun 20, 2013 | Docket: 60232302

Published

(3); section 827.071(2), (3),’ or (4); or section 847.0145; or of any similar offense under a former

In re Amendments to Florida Rule of Criminal Procedure 3.790

959 So. 2d 1187, 32 Fla. L. Weekly Supp. 423, 2007 Fla. LEXIS 1192, 2007 WL 1932238

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 64851468

Published

Statutes, section 827.071, Florida Statutes, or section 847.0145, Florida Statutes, or is a registered sexual

Moore v. Nelson

830 So. 2d 918, 2002 Fla. App. LEXIS 17169, 2002 WL 31557171

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 64819061

Published

convicted of § 794.011, § 800.04, § 827.071, or § 847.0145, to reside in another state, if the order stipulates