(1) As used in this section, the term “transmit” means the act of sending and causing to be delivered, including the act of providing access for receiving and causing to be delivered, any image, information, or data over or through any medium, including the Internet or an interconnected network, by use of any electronic equipment or other device.
(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction 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 reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) This section shall not be construed to preclude prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state.
(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).
The provisions of this section do not apply to subscription-based transmissions such as list servers.
History.—s. 4, ch. 2001-54; s. 9, ch. 2022-212.
Structure Florida Statutes
847.002 - Child Pornography Prosecutions.
847.011 - Prohibition of Certain Acts in Connection With Obscene, Lewd, etc., Materials; Penalty.
847.0125 - Retail Display of Materials Harmful to Minors Prohibited.
847.0133 - Protection of Minors; Prohibition of Certain Acts in Connection With Obscenity; Penalty.
847.0135 - Computer Pornography; Prohibited Computer Usage; Traveling to Meet Minor; Penalties.
847.01357 - Exploited Children’s Civil Remedy.
847.0137 - Transmission of Pornography by Electronic Device or Equipment Prohibited; Penalties.
847.0141 - Sexting; Prohibited Acts; Penalties.
847.0145 - Selling or Buying of Minors; Penalties.
847.0147 - Obscene Telephone Service Prohibited; Penalty.
847.02 - Confiscation of Obscene Material.
847.03 - Officer to Seize Obscene Material.
847.06 - Obscene Matter; Transportation Into State Prohibited; Penalty.
847.07 - Wholesale Promotion of Obscene Materials; Penalties.