{ "batch": "122-florida-video-recording-and-obscenity-statutes", "articles": [ { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_934_03_interception", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 934.03: Interception and disclosure of wire, oral, or electronic communications prohibited", "summary": "[Unverified - being checked] Florida makes it criminal to intentionally intercept any wire, oral, or electronic communication; it is lawful only when (among other exceptions) all of the parties to the communication have given prior consent, and a violation is, with exceptions, a felony of the third degree.", "body": "Florida makes it criminal to intentionally intercept any wire, oral, or electronic communication; it is lawful only when (among other exceptions) all of the parties to the communication have given prior consent, and a violation is, with exceptions, a felony of the third degree.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2)(d) It is lawful under this section and ss. 934.04-934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception. ... (4)(a) Except as provided in paragraph (b), whoever violates subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.”\n\nNote: History: last amended by s. 1, ch. 2024-131.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0934/Sections/0934.03.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2)(d) It is lawful under this section and ss. 934.04-934.09 for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent to such interception. ... (4)(a) Except as provided in paragraph (b), whoever violates subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 934.03", "topic": "Interception and disclosure of wire, oral, or electronic communications prohibited", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_810_145_digital_voyeurism", "category": "Safety", "title": "Florida Statutes 810.145: Digital voyeurism (video voyeurism)", "summary": "Florida prohibits intentionally using or installing an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body at a place and time when the person has a reasonable expectation of privacy; a person under 19 commits a first-degree misdemeanor and a person 19 or older commits a third-degree felony.", "body": "Florida prohibits intentionally using or installing an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body at a place and time when the person has a reasonable expectation of privacy; a person under 19 commits a first-degree misdemeanor and a person 19 or older commits a third-degree felony.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2)(a) A person commits the offense of digital voyeurism if that person: 1. For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading, exploiting, or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; ... (2)(b) A person who is under 19 years of age and who violates this subsection commits a misdemeanor of the first degree ... (2)(c) A person who is 19 years of age or older and who violates this subsection commits a felony of the third degree”\n\nNote: Section title is 'Digital voyeurism.' History: last amended by s. 1, ch. 2024-132.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0810/Sections/0810.145.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2)(a) A person commits the offense of digital voyeurism if that person: 1. For his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading, exploiting, or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person's knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy; ... (2)(b) A person who is under 19 years of age and who violates this subsection commits a misdemeanor of the first degree ... (2)(c) A person who is 19 years of age or older and who violates this subsection commits a felony of the third degree", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 810.145", "topic": "Digital voyeurism (video voyeurism)", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_001_definitions", "category": "Safety", "title": "[Unverified - being checked] Definitions under Chapter 847 (Obscenity)", "summary": "[Unverified - being checked] Florida Statutes 847.001 defines 'Minor' or 'child' as any person younger than 18 years of age, defines 'Obscene' by the three-part test (prurient appeal, patently offensive depiction of sexual conduct, and lack of serious value) and provides that a mother's breastfeeding of her baby is never 'harmful to minors,' 'nudity,' 'obscene,' or 'sexual conduct.'", "body": "Florida Statutes 847.001 defines 'Minor' or 'child' as any person younger than 18 years of age, defines 'Obscene' by the three-part test (prurient appeal, patently offensive depiction of sexual conduct, and lack of serious value) and provides that a mother's breastfeeding of her baby is never 'harmful to minors,' 'nudity,' 'obscene,' or 'sexual conduct.'\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(10) 'Minor' or 'child' means any person, whose identity is known or unknown, younger than 18 years of age. ... (12) 'Obscene' means the status of material which: (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. A mother's breastfeeding of her baby is not under any circumstance 'obscene.'”\n\nNote: History: last amended by ss. 12, ch. 2026-18 and s. 13, ch. 2026-20.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.001.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(10) 'Minor' or 'child' means any person, whose identity is known or unknown, younger than 18 years of age. ... (12) 'Obscene' means the status of material which: (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest; (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. A mother's breastfeeding of her baby is not under any circumstance 'obscene.'", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.001", "topic": "Definitions under Chapter 847 (Obscenity)", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "failed", "label": "Unverified - being checked", "reasons": [ "quote_is_nonanswer", "strong_label_on_weak_content" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_011_obscenity_penalties", "category": "Safety", "title": "Florida Statutes 847.011: Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty", "summary": "Florida makes it a first-degree misdemeanor to knowingly sell, lend, give away, distribute, transmit, show, or transmute obscene material (or possess it with intent to do so), escalating to a third-degree felony on a subsequent conviction, while mere knowing possession without intent is a second-degree misdemeanor; violations based on materials depicting a minor engaged in conduct harmful to minors are third-degree felonies, and ignorance of a minor's age or the minor's consent is not a defense.", "body": "Florida makes it a first-degree misdemeanor to knowingly sell, lend, give away, distribute, transmit, show, or transmute obscene material (or possess it with intent to do so), escalating to a third-degree felony on a subsequent conviction, while mere knowing possession without intent is a second-degree misdemeanor; violations based on materials depicting a minor engaged in conduct harmful to minors are third-degree felonies, and ignorance of a minor's age or the minor's consent is not a defense.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1)(a) ... any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes ... any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film ... commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree ... (1)(d) A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2). (2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book ... without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree”\n\nNote: History: last amended by s. 15, ch. 2026-20. Note section re providers of communications services is quoted at the statute page.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.011.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1)(a) ... any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes ... any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film ... commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree ... (1)(d) A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2). (2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book ... without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.011", "topic": "Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_0133_minor_sale_obscenity", "category": "Safety", "title": "Florida Statutes 847.0133: Protection of minors; prohibition of certain acts in connection with obscenity; penalty", "summary": "Florida prohibits knowingly selling, renting, loaning, giving away, distributing, transmitting, or showing any obscene material to a minor (under 18), and a violation is a felony of the third degree.", "body": "Florida prohibits knowingly selling, renting, loaning, giving away, distributing, transmitting, or showing any obscene material to a minor (under 18), and a violation is a felony of the third degree.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. ... (2) ... A 'minor' is any person under the age of 18 years. (3) A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.”\n\nNote: History: last amended by s. 5, ch. 2008-120.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.0133.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. ... (2) ... A 'minor' is any person under the age of 18 years. (3) A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.0133", "topic": "Protection of minors; prohibition of certain acts in connection with obscenity; penalty", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_0138_electronic_harmful_transmission", "category": "Safety", "title": "Florida Statutes 847.0138: Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties", "summary": "Florida makes it a third-degree felony to transmit, via electronic mail to a specific individual known by the defendant to be a minor, an image, information, or data that is harmful to minors as defined in s. 847.001; 'Transmit' means to send to a specific individual known by the defendant to be a minor via electronic mail.", "body": "Florida makes it a third-degree felony to transmit, via electronic mail to a specific individual known by the defendant to be a minor, an image, information, or data that is harmful to minors as defined in s. 847.001; 'Transmit' means to send to a specific individual known by the defendant to be a minor via electronic mail.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1)(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.”\n\nNote: History: s. 5, ch. 2001-54; s. 8, ch. 2009-194.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.0138.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1)(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.", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.0138", "topic": "Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_0135_computer_pornography", "category": "Safety", "title": "Florida Statutes 847.0135: Computer pornography; prohibited computer usage; traveling to meet minor; penalties (Computer Pornography and Child Exploitation Prevention Act)", "summary": "Florida makes it a felony to use a computer online service, Internet service, local bulletin board service, or other device to seduce, solicit, lure, or entice a child (or person believed to be a child) to engage in unlawful sexual conduct, and separately criminalizes intentionally masturbating, lewdly exposing genitals, or committing other sexual acts live over such a service when the defendant knows or should know the transmission is viewed by a victim under 16, as lewd or lascivious exhibition.", "body": "Florida makes it a felony to use a computer online service, Internet service, local bulletin board service, or other device to seduce, solicit, lure, or entice a child (or person believed to be a child) to engage in unlawful sexual conduct, and separately criminalizes intentionally masturbating, lewdly exposing genitals, or committing other sexual acts live over such a service when the defendant knows or should know the transmission is viewed by a victim under 16, as lewd or lascivious exhibition.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(5)(a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim ... live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. (5)(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree”\n\nNote: History: last amended by s. 7, ch. 2009-194.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.0135.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(5)(a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim ... live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. (5)(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.0135", "topic": "Computer pornography; prohibited computer usage; traveling to meet minor; penalties (Computer Pornography and Child Exploitation Prevention Act)", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_847_012_minor_production_harmful", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 847.012: Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty", "summary": "[Unverified - being checked] Florida prohibits knowingly selling, renting, or loaning for monetary consideration to a minor material that is harmful to minors, and prohibits knowingly using a minor in the production of any such material; any violation is a felony of the third degree, and ignorance of the minor's age, age misrepresentation, bona fide belief of age, or the minor's consent are not defenses.", "body": "Florida prohibits knowingly selling, renting, or loaning for monetary consideration to a minor material that is harmful to minors, and prohibits knowingly using a minor in the production of any such material; any violation is a felony of the third degree, and ignorance of the minor's age, age misrepresentation, bona fide belief of age, or the minor's consent are not defenses.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors. (6) Any person violating any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for a violation of this section.”\n\nNote: History: last amended by s. 1, ch. 2013-75.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0847/Sections/0847.012.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors. (6) Any person violating any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person's ignorance of a minor's age, a minor's misrepresentation of his or her age, a bona fide belief of a minor's age, or a minor's consent may not be raised as a defense in a prosecution for a violation of this section.", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 847.012", "topic": "Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_827_071_child_sexual_performance", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 827.071: Sexual performance by a child; child sexual abuse material; penalties", "summary": "[Unverified - being checked] Florida makes it a first-degree felony (with a 15-year mandatory minimum for offenders 18 or older) to employ, authorize, or induce a child under 18 to engage in a sexual performance, a life felony for a child younger than 12, a second-degree felony to produce, direct, or promote any performance which includes sexual conduct by a child, and a second-degree felony to knowingly solicit, possess, control, or intentionally view child sexual abuse material; a court may decline the mandatory minimum only for performances by a child 14 or older created with permission by someone not more than 4 years older who did not promote it.", "body": "Florida makes it a first-degree felony (with a 15-year mandatory minimum for offenders 18 or older) to employ, authorize, or induce a child under 18 to engage in a sexual performance, a life felony for a child younger than 12, a second-degree felony to produce, direct, or promote any performance which includes sexual conduct by a child, and a second-degree felony to knowingly solicit, possess, control, or intentionally view child sexual abuse material; a court may decline the mandatory minimum only for performances by a child 14 or older created with permission by someone not more than 4 years older who did not promote it.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. A person who violates this paragraph commits a felony of the first degree ... Except as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 15 years. (5)(a) It is unlawful for any person to knowingly solicit, possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include child sexual abuse material. ... A person who violates this paragraph commits a felony of the second degree”\n\nNote: History: last amended by ss. 8, ch. 2026-18 and s. 8, ch. 2026-20.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0827/Sections/0827.071.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2)(a) A person is guilty of the use of a child in a sexual performance if, knowing the character and content thereof, he or she employs, authorizes, or induces a child to engage in a sexual performance or, being a parent, legal guardian, or custodian of such child, consents to the participation by such child in a sexual performance. A person who violates this paragraph commits a felony of the first degree ... Except as provided in subsection (7), a person 18 years of age or older at the time of the offense who is convicted of a violation of this paragraph must be sentenced to a mandatory minimum term of imprisonment of 15 years. (5)(a) It is unlawful for any person to knowingly solicit, possess, control, or intentionally view a photograph, motion picture, exhibition, show, representation, image, data, computer depiction, or other presentation which, in whole or in part, he or she knows to include child sexual abuse material. ... A person who violates this paragraph commits a felony of the second degree", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 827.071", "topic": "Sexual performance by a child; child sexual abuse material; penalties", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_784_049_sexual_cyberharassment", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 784.049: Sexual cyberharassment", "summary": "[Unverified - being checked] Florida makes it a first-degree misdemeanor to willfully and maliciously sexually cyberharass another person, defined as intentionally publishing to an Internet website or disseminating through electronic means a sexually explicit image of a person without the depicted person's consent and contrary to the depicted person's reasonable expectation that the image would remain private, and the fact that the depicted person voluntarily shared the image with someone does not by itself remove the privacy expectation; repeat offenses and offenses for financial gain are third-degree felonies.", "body": "Florida makes it a first-degree misdemeanor to willfully and maliciously sexually cyberharass another person, defined as intentionally publishing to an Internet website or disseminating through electronic means a sexually explicit image of a person without the depicted person's consent and contrary to the depicted person's reasonable expectation that the image would remain private, and the fact that the depicted person voluntarily shared the image with someone does not by itself remove the privacy expectation; repeat offenses and offenses for financial gain are third-degree felonies.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2)(c) 'Sexually cyberharass' means to intentionally publish to an Internet website or intentionally disseminate through electronic means to another person a sexually explicit image of a person without the depicted person's consent and contrary to the depicted person's reasonable expectation that the image would remain private ... Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image. (3)(a) Except as provided in paragraph (b) or subsection (4), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree”\n\nNote: History: last amended by s. 1, ch. 2025-84.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.049.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2)(c) 'Sexually cyberharass' means to intentionally publish to an Internet website or intentionally disseminate through electronic means to another person a sexually explicit image of a person without the depicted person's consent and contrary to the depicted person's reasonable expectation that the image would remain private ... Evidence that the depicted person sent a sexually explicit image to another person does not, on its own, remove his or her reasonable expectation of privacy for that image. (3)(a) Except as provided in paragraph (b) or subsection (4), a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 784.049", "topic": "Sexual cyberharassment", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_836_13_altered_sexual_depictions", "category": "Safety", "title": "Florida Statutes 836.13: Altered sexual depictions; prohibited acts; penalties; applicability", "summary": "Florida makes it a third-degree felony to willfully generate, solicit, or willfully and maliciously promote (or possess with intent to maliciously promote) an altered sexual depiction of an identifiable person without that person's consent, where 'altered sexual depiction' means a visual depiction modified digitally or otherwise to depict a realistic version of an identifiable person with another's or computer-generated nude body parts or engaging in sexual conduct in which the person did not engage.", "body": "Florida makes it a third-degree felony to willfully generate, solicit, or willfully and maliciously promote (or possess with intent to maliciously promote) an altered sexual depiction of an identifiable person without that person's consent, where 'altered sexual depiction' means a visual depiction modified digitally or otherwise to depict a realistic version of an identifiable person with another's or computer-generated nude body parts or engaging in sexual conduct in which the person did not engage.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1)(a) 'Altered sexual depiction' means any visual depiction that, as a result of any type of digital, electronic, mechanical, or other modification, alteration, or adaptation, depicts a realistic version of an identifiable person: 1. With the nude body parts of another person as the nude body parts of the identifiable person; 2. With computer-generated nude body parts as the nude body parts of the identifiable person; or 3. Engaging in sexual conduct as defined in s. 847.001 in which the identifiable person did not engage. (2) A person who willfully generates any altered sexual depiction of an identifiable person, without the consent of the identifiable person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”\n\nNote: History: s. 5, ch. 2022-212; s. 3, ch. 2025-99; s. 2, ch. 2025-133; s. 52, ch. 2026-14; s. 10, ch. 2026-18; s. 11, ch. 2026-20.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0836/Sections/0836.13.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1)(a) 'Altered sexual depiction' means any visual depiction that, as a result of any type of digital, electronic, mechanical, or other modification, alteration, or adaptation, depicts a realistic version of an identifiable person: 1. With the nude body parts of another person as the nude body parts of the identifiable person; 2. With computer-generated nude body parts as the nude body parts of the identifiable person; or 3. Engaging in sexual conduct as defined in s. 847.001 in which the identifiable person did not engage. (2) A person who willfully generates any altered sexual depiction of an identifiable person, without the consent of the identifiable person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.", "volatility": "medium", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 836.13", "topic": "Altered sexual depictions; prohibited acts; penalties; applicability", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_501_1736_mm_social_media", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 501.1736: Social media use for minors", "summary": "[Unverified - being checked] Florida Statutes 501.1736 (captioned 'Social media use for minors') requires social media platforms to prohibit minors younger than 14 from holding accounts and to terminate such accounts, and to prohibit 14- and 15-year-olds from accounts unless a parent or guardian consents; knowing or reckless violations are actionable by the Department of Legal Affairs with a civil penalty of up to $50,000 per violation.", "body": "Florida Statutes 501.1736 (captioned 'Social media use for minors') requires social media platforms to prohibit minors younger than 14 from holding accounts and to terminate such accounts, and to prohibit 14- and 15-year-olds from accounts unless a parent or guardian consents; knowing or reckless violations are actionable by the Department of Legal Affairs with a civil penalty of up to $50,000 per violation.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2)(a) A social media platform shall prohibit a minor who is younger than 14 years of age from entering into a contract with a social media platform to become an account holder. (3)(a) A social media platform shall prohibit a minor who is 14 or 15 years of age from entering into a contract with a social media platform to become an account holder, unless the minor's parent or guardian provides consent for the minor to become an account holder. (5) Any knowing or reckless violation of subsection (2), subsection (3), or, if in effect, subsection (4) is deemed an unfair and deceptive trade practice actionable under part II of this chapter solely by the department against a social media platform. ... the department may collect a civil penalty of up to $50,000 per violation”\n\nNote: History: s. 1, ch. 2024-42; s. 1, ch. 2024-54. The batch brief described 501.1736 as 'age verification'; the statute actually regulates social media use by minors.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0501/Sections/0501.1736.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2)(a) A social media platform shall prohibit a minor who is younger than 14 years of age from entering into a contract with a social media platform to become an account holder. (3)(a) A social media platform shall prohibit a minor who is 14 or 15 years of age from entering into a contract with a social media platform to become an account holder, unless the minor's parent or guardian provides consent for the minor to become an account holder. (5) Any knowing or reckless violation of subsection (2), subsection (3), or, if in effect, subsection (4) is deemed an unfair and deceptive trade practice actionable under part II of this chapter solely by the department against a social media platform. ... the department may collect a civil penalty of up to $50,000 per violation", "volatility": "medium", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 501.1736", "topic": "Social media use for minors", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_943_0435_sdo_registration", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 943.0435: Sexual offenders required to register with the department; penalty", "summary": "[Unverified - being checked] Florida's sex-offender registration statute triggers registration upon conviction of listed qualifying offenses, which include s. 827.071 (sexual performance by a child), s. 847.0133, s. 847.0135 (excluding s. 847.0135(6)), s. 847.0137, s. 847.0138, s. 847.0145, and s. 810.145(8); failure to register is a felony of the third degree, and registration is for life subject to limited removal.", "body": "Florida's sex-offender registration statute triggers registration upon conviction of listed qualifying offenses, which include s. 827.071 (sexual performance by a child), s. 847.0133, s. 847.0135 (excluding s. 847.0135(6)), s. 847.0137, s. 847.0138, s. 847.0145, and s. 810.145(8); failure to register is a felony of the third degree, and registration is for life subject to limited removal.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1)(h)1. 'Sexual offender' means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a. (I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: ... s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; ... (9)(a) Except as otherwise specifically provided, a sexual offender who fails to register ... commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”\n\nNote: History: last amended by s. 2, ch. 2025-134; ss. 10, 41, ch. 2025-156.1. 810.145(8) is the aggravated digital voyeurism offense against a child younger than 16.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0435.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1)(h)1. 'Sexual offender' means a person who meets the criteria in sub-subparagraph a., sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d., as follows: a. (I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: ... s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; ... (9)(a) Except as otherwise specifically provided, a sexual offender who fails to register ... commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.", "volatility": "low", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 943.0435", "topic": "Sexual offenders required to register with the department; penalty", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_501_1737_age_verification_harmful_minors", "category": "Safety", "title": "[Unverified - being checked] Florida Statutes 501.1737: Age verification for online access to materials harmful to minors", "summary": "[Unverified - being checked] Florida requires a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application containing a substantial portion (more than 33.3 percent of total material) of such material to verify that any person attempting access is 18 or older, using either anonymous age verification or standard age verification, and the entity must offer both methods with the person allowed to select which is used.", "body": "Florida requires a commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application containing a substantial portion (more than 33.3 percent of total material) of such material to verify that any person attempting access is 18 or older, using either anonymous age verification or standard age verification, and the entity must offer both methods with the person allowed to select which is used.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors, must use either anonymous age verification or standard age verification to verify that the age of a person attempting to access the material is 18 years of age or older and prevent access to the material by a person younger than 18 years of age. The commercial entity must offer anonymous age verification and standard age verification, and a person attempting to access the material may select which method will be used to verify his or her age. (j) 'Substantial portion' means more than 33.3 percent of total material on a website or application.”\n\nNote: History: s. 2, ch. 2024-42; s. 3, ch. 2024-54. This is the statute the batch brief described as '501.1736 (age verification)'; the age-verification provision is actually 501.1737.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0501/Sections/0501.1737.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(2) A commercial entity that knowingly and intentionally publishes or distributes material harmful to minors on a website or application, if the website or application contains a substantial portion of material harmful to minors, must use either anonymous age verification or standard age verification to verify that the age of a person attempting to access the material is 18 years of age or older and prevent access to the material by a person younger than 18 years of age. The commercial entity must offer anonymous age verification and standard age verification, and a person attempting to access the material may select which method will be used to verify his or her age. (j) 'Substantial portion' means more than 33.3 percent of total material on a website or application.", "volatility": "medium", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 501.1737", "topic": "Age verification for online access to materials harmful to minors", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" }, "verification": { "status": "unverified", "label": "Unverified - being checked", "reasons": [ "legal_fetch_over_cap" ], "checked_utc": "20261021-123916Z" } }, { "id": "learn_r122_florida_video_recording_and_obscenity_statutes_florida_501_1738_anonymous_age_verification", "category": "Safety", "title": "Florida Statutes 501.1738: Anonymous age verification", "summary": "Florida defines 'anonymous age verification' as a commercially reasonable age-verification method conducted by a nongovernmental, independent third party organized under the laws of a US state, headquartered in a US state, and not owned or controlled by a foreign-country entity, and requires such third party not to retain or reuse identifying information, to keep it anonymous, and to protect it with reasonable security.", "body": "Florida defines 'anonymous age verification' as a commercially reasonable age-verification method conducted by a nongovernmental, independent third party organized under the laws of a US state, headquartered in a US state, and not owned or controlled by a foreign-country entity, and requires such third party not to retain or reuse identifying information, to keep it anonymous, and to protect it with reasonable security.\n\nWhat Florida Legislature (Online Sunshine) actually says:\n\n“(1) As used in this section, the term 'anonymous age verification' means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: (a) Has its principal place of business in a state of the United States; and (b) Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country. (2)(a) May not retain personal identifying information used to verify age once the age of an account holder or a person seeking an account has been verified.”\n\nNote: History: s. 3, ch. 2024-42.", "source_type": "official", "source_link": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0501/Sections/0501.1738.html", "last_verified": "2026-09-05", "reliability": "VERIFIED RULE", "source_tier": "A", "source_publisher": "Florida Legislature (Online Sunshine)", "evidence_quote": "(1) As used in this section, the term 'anonymous age verification' means a commercially reasonable method used by a government agency or a business for the purpose of age verification which is conducted by a nongovernmental, independent third party organized under the laws of a state of the United States which: (a) Has its principal place of business in a state of the United States; and (b) Is not owned or controlled by a company formed in a foreign country, a government of a foreign country, or any other entity formed in a foreign country. (2)(a) May not retain personal identifying information used to verify age once the age of an account holder or a person seeking an account has been verified.", "volatility": "medium", "from_batch": "122-florida-video-recording-and-obscenity-statutes", "subject": "Florida Statutes 501.1738", "topic": "Anonymous age verification", "applies_to_country": "US-Florida", "applies_to_scope": "State statute", "tags": { "lane": "any", "stage": "any", "region": [ "us-fl" ], "platform": "any", "topic": [ "unclassified" ], "explicitness": "any" } } ] }