Child Pornography in Florida

Several different statutes in Florida prohibit acts relating to child pornography. These statutes include transmitting child pornography electronically under Section 847.0137, F.S., and possession of pornography showing any sexual conduct by a child under Section 827.071, F.S.

Florida law provides for serious penalties for any sexually motivated offense. The penalties for possessing child pornography are often more serious than offenses for child molestation because each image possessed can be filed as a separate offense. 

Attorneys for Child Pornography in Broward County, FL

If you were charged with child pornography, computer pornography or transmitting child pornography electronically, then contact an experienced criminal defense attorney at Meltzer & Bell, P.A..

Our attorneys are experienced in representing clients in serious felony charges. With offices in Fort Lauderdale and West Palm Beach, FL, our attorneys represent clients throughout Broward County and Palm Beach County, FL.

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Section 827.071, F.S. - Sexual Performance by a Child 

Section 827.071(4), F.S., makes it a second degree felony for a person to possess with the intent to promote any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, includes any sexual conduct by a child. A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine.

Under the statutory scheme, the possession of three or more copies of such photographs or images is prima facie evidence of intent to promote. 

Section 827.071(5), F.S., makes it a third degree felony for any person to knowingly possess, control, or intentionally view a photograph, motion picture, etc., which, in whole or in part, he or she knows to include any sexual conduct by a child.

The term “intentionally view” is defined under section 827.071(1)(b), F.S., as to deliberately, purposefully, and voluntarily view. Proof of intentional viewing requires establishing more than a single image, motion picture, exhibition, show, image, data, computer depiction, representation, or other presentation over any period of time.

The statute also provides that the possession, control, or intentional viewing of each such photograph, etc., is a separate offense. If such photograph, etc., includes sexual conduct by more than one child, then each child in each photograph, etc., that is knowingly possessed, controlled, or intentionally viewed is a separate offense. 

A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. ss. 775.082 and 775.083, F.S.


Section 847.0137, F.S. – Transmitting Child Pornography Electronically

Section 847.0137, F.S., specifies that any person who knew or reasonably should have known that he or she was transmitting child pornography to another person commits a third degree felony.


Definitions in Florida’s Child Pornography Statutes 

The statutory scheme for child pornography at ss. 827.01(2) and 827.071(1), F.S., uses the following definitions: 

  • the term “child” means any person under the age of 18 years;
  • the term “promote” means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do the same;
  • the term “sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed; and
  • the term “simulated” means the explicit depiction of sexual conduct which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.

This article was last updated on Thursday, October 27, 2016.

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