Florida’s Chapter 847, Florida Statutes, is commonly referred to as Florida’s Obscenity Chapter, but that title can be misleading. The chapter does far more than prohibit “obscene” material. Instead, it creates several distinct categories of prohibited material, each with different legal definitions, different protected classes of victims, and different criminal penalties.
For law enforcement, prosecutors, educators, parents, businesses, and individuals accused of these offenses, understanding these distinctions is critical. A charge under one section of Chapter 847 may involve constitutionally protected adult material, while another may involve child sexual abuse material carrying extremely severe felony penalties.
If you are being investigated or charged under any provision of Chapter 847 in Sarasota, Bradenton, or anywhere in Florida, experienced criminal defense representation is essential.
The Five Primary Categories of Material Regulated by Chapter 847
- Obscene material
- Material harmful to minors
- Child sexual abuse material (child pornography)
- Electronic transmissions involving pornography
- Harmful communications to minors
Each category has different legal elements that prosecutors must prove.
- Obscene Material
Primary statute: § 847.011
This is the traditional obscenity law. Unlike ordinary adult pornography, obscene material is not protected by the First Amendment. Whether material is legally obscene depends upon specific constitutional standards derived from Supreme Court precedent and incorporated into Florida law.
The statute criminalizes activities such as selling, distributing, manufacturing, possessing with intent to distribute, publicly displaying, or promoting obscene material.
- Material Harmful to Minors
Primary statutes: §§ 847.012, 847.0125, 847.013, 847.0133, 847.0134, 847.0138, and 847.01385.
“Harmful to minors” is not the same thing as obscenity. Material may be lawful for adults but illegal to sell, display, or transmit to minors.
- Child Sexual Abuse Material (Child Pornography)
Primary statutes: §§ 847.001, 847.002, and 847.0135.
Child sexual abuse material involves visual depictions of minors engaged in prohibited sexual conduct. These offenses carry some of the most severe penalties in Chapter 847 and often involve extensive digital forensic investigations.
- Electronic Transmission of Pornographic Material
Several statutes regulate electronic transmission of pornography and material harmful to minors through text messages, email, social media, and other electronic platforms.
- Harmful Communications to Minors
Section 847.01385 addresses certain harmful electronic communications directed toward minors and frequently overlaps with online solicitation investigations.
Comparing the Categories
- Obscene Material – Not protected by the First Amendment; focuses on obscene content.
- Material Harmful to Minors – Often protected for adults but illegal when distributed or displayed to minors.
- Child Sexual Abuse Material – Never constitutionally protected; involves minors and carries severe felony penalties.
- Electronic Pornography – Focuses on electronic distribution of prohibited material.
- Harmful Communications – Focuses on harmful electronic communications with minors.
Potential Consequences
Depending on the statute, penalties may include misdemeanor or felony convictions, imprisonment, probation, sex offender registration where applicable, professional licensing consequences, and permanent criminal records.
Contact Attorney Mark Zimmerman
If you have been arrested or are under investigation for an offense under Chapter 847, Florida Statutes, contact Attorney Mark Zimmerman. With decades of criminal defense experience representing clients throughout Sarasota, Bradenton, Manatee County, and the Twelfth Judicial Circuit, he can evaluate the evidence, explain your rights, and develop a strategic defense tailored to your case.
