Obscenity

Florida prohibits child exploitation using computer pornography, using a computer, or traveling to meet a minor. This law also penalizes owners of computer services if they knowingly permit their services to be used for the exploitation of children.

Florida’s child exploitation laws prohibits a person from using a computer for purposes of encouraging sexual conduct with a child:

Using any computer device or service to transmit, compile, reproduce, print, publish, sell, purchase, exchange, or disseminate information or material relating to a child such as phone number, address, contact information, description of physical characteristics or any other information in order to facilitate, offer, or encourage sexual conduct with a child or a visual representation of such an act will be considered to have committed a third degree felony. In such cases, the fact that a law enforcement official was working undercover to locate the offender is not sufficient reason to disregard the evidence or a valid defense.

Besides, a person who knowing uses a computer or a computer storage device or computer service to solicit, lure, or entice a child or attempt to solicit, lure, or entice a child to participate in a sexual act that is unlawful shall be accused of child exploitation and charged with Obscenity under Florida Statute 847.0135.

“In such cases, the accused cannot defend themselves by claiming that the person so enticed was not a child if they believed they were soliciting a child. In such cases evidence provided by a law enforcement official working undercover shall be admissible in court under Florida law.”

Under Florida law against child exploitation, a person is convicted of third degree felony for such crimes. However, if the person has misrepresented their age when committing such actions, they can be convicted of second degree felony. When convicted of a third degree felony, the accused faces imprisonment of up to five years or a fine of $1,000, while a second degree felony conviction can lead to imprisonment of up to 15 years or a fine of $10,000.

“When it comes to child exploitation laws, each use of the computer or computer service as well as every separate picture or act constitutes a separate offence that will be penalized individually.” 

Apart from prohibiting and penalizing the use of computers and other devices to solicit or lure a child into sexual activity, Florida law also prohibits and penalizes the travel to meet a minor. This law can be applied to those who travel within the state, travel from the state to other destinations, and enter the state to engage in acts of exploiting a child. A person found guilty of such acts is convicted of a second degree felony and penalized accordingly in Florida.

Florida law against the exploitation of children also prohibits the transmission of masturbation and other lewd acts over the computer or Internet if the person doing so has reason to believe or can be expected to have reason to believe that the transmission can be viewed by a child less than 16 years old.

“In such cases, if the offender is more than 18 years old, they are convicted of a second degree felony, while someone less than 18 years old is or can be convicted of a third degree felony .”

Florida law against exploitation of children also punishes owners of computer services who knowingly allow their services be used for the pursuance of such prohibited acts. In such cases, the owners are convicted of a first degree misdemeanor and fined a maximum of $2,000.

Florida law uses these provisions to safeguard children from sexual exploitation by the use of computers, computer devices, and telephones.

Fla. Stat. 847.0135   Computer pornography; prohibited computer usage; traveling to meet minor; penalties.

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

(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 OR DEVICES PROHIBITED. - Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a)  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, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or

(b)  Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.

(4)  TRAVELING TO MEET A MINOR. - Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:

(a)  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 engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or

(b)  Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED. -

(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, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity 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. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.

(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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c)  An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(d)  A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.

(6)  OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE. - It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use 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.

(7)  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, a child’s guardian, or another person believed by the person to be a child or a child’s guardian.

(8)  EFFECT OF PROSECUTION. - Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.