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Florida Statute 775.0847 | Lawyer Caselaw & Research
F.S. 775.0847 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.0847

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.0847
775.0847 Possession or promotion of certain images of child pornography; reclassification.
(1) For purposes of this section:
(a) “Child” or “minor” means any person, whose identity is known or unknown, younger than 18 years of age.
(b) “Child pornography” means:
1. Any image depicting a minor engaged in sexual conduct; or
2. Any image that has been created, altered, adapted, or modified by electronic, mechanical, or other means, to portray an identifiable minor engaged in sexual conduct.
(c) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(d) “Identifiable minor” means a person:
1. Who was a minor at the time the image was created, altered, adapted, or modified, or whose image as a minor was used in the creating, altering, adapting, or modifying of the image; and
2. Who is recognizable as an actual person by the person’s face, likeness, or other distinguishing characteristic, such as a unique birthmark, or other recognizable feature.

The term may not be construed to require proof of the actual identity of the identifiable minor.

(e) “Sadomasochistic abuse” means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.
(f) “Sexual battery” means oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
(g) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or female genitals of the other.
(h) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual or simulated 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. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
(2) A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to the next higher degree as provided in subsection (3) if:
(a) The offender possesses 10 or more images of any form of child pornography regardless of content; and
(b) The content of at least one image contains one or more of the following:
1. A child who is younger than the age of 5.
2. Sadomasochistic abuse involving a child.
3. Sexual battery involving a child.
4. Sexual bestiality involving a child.
5. Any motion picture, film, video, or computer-generated motion picture, film, or video involving a child, regardless of length and regardless of whether the motion picture, film, video, or computer-generated motion picture, film, or video contains sound.
(3)(a) In the case of a felony of the third degree, the offense is reclassified to a felony of the second degree.
(b) In the case of a felony of the second degree, the offense is reclassified to a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense that is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.

History.s. 3, ch. 2007-143; s. 3, ch. 2022-165; s. 1, ch. 2022-212.

F.S. 775.0847 on Google Scholar

F.S. 775.0847 on Casetext

Amendments to 775.0847


Arrestable Offenses / Crimes under Fla. Stat. 775.0847
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.0847 2 - OBSCENE MATERIAL-POSSESS - POSSESS 10 OR MORE CHILD PORN IMAGE F3 OFFENSE - F: S
S775.0847 2 - OBSCENE MATERIAL-POSSESS - POSSESS 10 OR MORE CHILD PORN IMAGE F2 OFFENSE - F: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. TAYLOR, v. STATE, 267 So. 3d 1088 (Fla. App. Ct. 2019)

. . . possession of materials depicting sexual performance by a child (ten or more images), contrary to section 775.0847 . . . Section 775.0847(2), Florida Statutes (2014), provides: (2) A violation of s. 827.071, s. 847.0135, s . . . Consequently, the plain language of sections 775.0847(2) and 827.071(5)(a) outlines a clear legislative . . . violation if the offender possesses ten or more images and the statutory criteria set forth in section 775.0847 . . . State , 198 So.3d 783 (Fla. 2d DCA 2016), section 775.0847 therefore does not require the State to limit . . .

LOSADA, v. STATE, 260 So. 3d 1156 (Fla. App. Ct. 2018)

. . . transmission of materials depicting sexual performance by a child in violation of sections 827.071(5) and 775.0847 . . .

MARDOSAS, v. STATE, 257 So. 3d 540 (Fla. App. Ct. 2018)

. . . with 421 counts of aggravated possession of child pornography pursuant to sections 827.071(5)(a) and 775.0847 . . .

DICKIE, v. STATE, 216 So. 3d 35 (Fla. Dist. Ct. App. 2017)

. . . . §§ 775.0847(2), 827.071(5)(a), Fla. Stat. (2015). After Mr. . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . See §§ 827.071(5)(a), 775.0847, Fla. Stat. (2012). We have jurisdiction. See Fla. R.App. . . . We write to discuss section 775.0847, the child pornography reclassification statute. . . . See §§ 827.071(5)(a), 775.0847. . . . Walsh’s offenses pursuant to section 775.0847(2) and (3): (2) A violation of s. 827.071 ... shall be . . . Section 775.0847 does not constrain the State’s charging discretion. . . .

TABY, v. STATE, 181 So. 3d 547 (Fla. Dist. Ct. App. 2015)

. . . Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida . . .

C. WINGO, v. STATE, 162 So. 3d 1141 (Fla. Dist. Ct. App. 2015)

. . . of child pornography, all of which are second-degree felonies pursuant to sections 827.071(5)(a) and 775.0847 . . . without the additional reclassification of the offense to a second-degree felony pursuant to section 775.0847 . . . that each listed charge and conviction is for a second-degree felony under sections 827.071(5)(a) and 775.0847 . . .

JENRETTE- SMITH, v. STATE, 114 So. 3d 427 (Fla. Dist. Ct. App. 2013)

. . . to constructive possession is sufficient to support reclassification of the offenses under section 775.0847 . . . offenses were reclassified from second-degree felonies to first-degree felonies by virtue of section 775.0847 . . . RECLASSIFICATION UNDER SECTION 775.0847(2), FLORIDA STATUTES Jenrette-Smith also argues that the trial . . . his motion for judgment of acquittal as to the reclassification of his offenses pursuant to section 775.0847 . . . 827.013, and in the statute under which that offense was reclassified to a first-degree felony, section 775.0847 . . . RECLASSIFICATION UNDER SECTION 775.0847(2) The majority’s error in affirming Jen-rette-Smith’s convictions . . . The reclassification statute, section 775.0847(2), provides: (2) A violation of s. 827.071 ... shall . . . offenses based on the offender’s possession of ten or more “images of any form of child pornography.” § 775.0847 . . .

PARKER, v. STATE, 81 So. 3d 451 (Fla. Dist. Ct. App. 2011)

. . . See §§ 775.0847, 827.071(5), Fla. Stat. (2007). . . . Stelmack, 58 So.3d at 876 (emphasis omitted) (quoting § 827.071(l)(g)); accord § 775.0847(l)(f). . . . At its core, child pornography is "any image depicting a minor engaged in sexual conduct.” § 775.0847 . . .