CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29025
...rt in Miller and Pope. The doctrine of "authoritative construction" requires a different determination. See Rhodes. The trial court's erroneous conclusion was based, at least in part, on an analysis of the definition of obscene material contained in section 847.07(2), Florida Statutes (1985)....
...it, or to solicit, coerce, or intimidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: .... 23. Section
847.011, s.
847.012, s.
847.013, s.
847.06, or s.
847.07, relating to obscene literature and profanity.
CopyCited 5 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4949
...After entering pleas of nolo contendere, appellant First Amendment Foundation of Florida, Inc., was convicted, in a number of cases consolidated at the trial court level for purposes of judgment and sentence, of distributing obscene material in violation of Section 847.07, Florida Statutes (1975)....
...conduct in that said film graphically depicts and shows nude male and female persons actually engaging in ultimate sexual acts including but not limited to sexual intercourse, masturbation, fellatio, cunnilingus and ejaculation, contrary to Chapter 847.07, Florida Statutes, and against the peace and dignity of the State of Florida. The appellant filed motions to dismiss each of the informations on the ground that Section 847.07 is impermissibly vague, giving insufficient definition of what is proscribed thereby denying appellant due process of law....
...Appellant's counsel orally reserved the right to appeal all adverse rulings that had been made by the court. Appellant was adjudicated guilty on twenty-nine counts of distributing obscene material and was fined $1500 on each count. This appeal followed. I. Appellant contends that Section 847.07 fails to comply with the standards laid down in Miller v....
...applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
413 U.S. at 24,
93 S.Ct. at 2615 (citations omitted). The third component of this test is of course inoperative under Section
847.07 which utilizes the stricter standard that the work, to be deemed obscene, must be "utterly without redeeming social value." The second component is the one that is crucial to our inquiry here....
...That conduct must be specifically defined by the applicable state law, as written or authoritatively construed.
413 U.S. at 24,
93 S.Ct. at 2614 (citations omitted). In State v. Aiuppa,
298 So.2d 391 (Fla. 1974), we considered the constitutionality of Section
847.07 under the standards of Miller....
...The trial court judge was correct in upholding the statute against appellant's vagueness challenge. II. Section
847.08, Florida Statutes (1975), provides that after the filing of an indictment, information or "trial affidavit" charging a violation of Section
847.07, the state may apply to the court for an order directing the defendant or his principal agent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 18982
PER CURIAM. Defendant appeals his jury conviction for conspiracy to promote any obscene matter or performance [§ 847.07(4)(c)]....
...Defendant basically argues that the evidence was insufficient to support the verdict because the film was not introduced into evidence and, therefore, the jury could not determine the obscenity vel non of the film taken as a whole. We cannot agree. § 847.07(4)(c), Fla.Stat., F.S.A....
