December 06, 2019
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The Florida Statutes

The 2003 Florida Statutes

Title XLVI
CRIMES
Chapter 847
OBSCENITY
View Entire Chapter
Section 847.0135, Florida Statutes 2003

847.0135  Computer pornography; penalties.--

(1)  SHORT TITLE.--This section shall be known and may be cited as the "Computer Pornography and Child Exploitation Prevention Act of 1986."

(2)  COMPUTER PORNOGRAPHY.--A person who:

(a)  Knowingly compiles, enters into, or transmits by use of computer;

(b)  Makes, prints, publishes, or reproduces by other computerized means;

(c)  Knowingly causes or allows to be entered into or transmitted by use of computer; or

(d)  Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor's name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.

(3)  CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any person who knowingly utilizes a computer on-line service, Internet service, or local bulletin board service to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, relating to sexual battery; chapter 800, relating to lewdness and indecent exposure; or chapter 827, relating to child abuse, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4)  OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.--It is unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service knowingly to permit a subscriber to utilize the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.

(5)  STATE CRIMINAL JURISDICTION.--A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child residing in this state, or another person believed by the person to be a child residing in this state.

History.--s. 11, ch. 86-238; s. 213, ch. 91-224; s. 71, ch. 96-388; s. 3, ch. 2001-54.

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