Florida Statutes 847.0125 – Retail display of materials harmful to minors prohibited
Current as of: 2024 | Check for updates
|
Other versions
(1) “KNOWINGLY” DEFINED.–As used in this section, “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
For details, see Fla. Stat. § 775.082(4)(a)
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 847.0125
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Harmful to minors: means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:(a) Predominantly appeals to a prurient, shameful, or morbid interest;(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and(c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors. See Florida Statutes 847.001
- minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
(b) The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(2) OFFENSES AND PENALTIES.–
(a) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the cover of which depicts material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such items shall, however, be displayed, either individually or collectively, behind an opaque covering which conceals the book, magazine, or other printed material.
(b) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the content of which exploits, is devoted to, or is principally made up of descriptions or depictions of material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.