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Florida Statutes Title XLVI. Crimes § 847.0138. Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) For purposes of this section:

(a) “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.

(b) “Transmit” means to send to a specific individual known by the defendant to be a minor via electronic mail.

(2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The provisions of this section do not apply to subscription-based transmissions such as list servers.

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Cite this article: FindLaw.com - Florida Statutes Title XLVI. Crimes § 847.0138. Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-xlvi-crimes/fl-st-sect-847-0138/

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