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The Florida Senate

2004 Florida Statutes

SECTION 0138
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
Section 847.0138, Florida Statutes 2004

847.0138  Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.--

(1)  For purposes of this section:

(a)  "Known by the defendant to be a minor" means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.

(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 in this state 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 in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

(3)  Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state 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 in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

The provisions of this section do not apply to subscription-based transmissions such as list servers.

History.--s. 5, ch. 2001-54.