Florida Statutes 847.01385 – Harmful communication to a minor
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, the term:
For details, see Fla. Stat. § 775.082(3)(e)
(a) “Communication” means any verbal or written communication.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 847.01385
- Adult: means a person 18 years of age or older. See Florida Statutes 847.001
- 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
- Person: includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 847.001
- 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. See Florida Statutes 847.001
- Sexual excitement: means the condition of the human male or female genitals when in a state of sexual stimulation or arousal. See Florida Statutes 847.001
(b) “Sexual activity” has the same meaning as in s. 800.04(1).
(2) An adult who engages in a pattern of communication to a minor that includes explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement and that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) 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.