Computer Pornography and Child Exploitation
Computer-facilitated child-sex offenses including prohibited solicitation, traveling, and transmissions.
Florida Statute
§ 847.0135
Computer pornography; prohibited computer usage; traveling to meet minor; penalties
Quick Summary
Section 847.0135 contains several distinct technology-facilitated child-exploitation offenses; use its charge-specific variations to identify the applicable subsection.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Computer Pornography
Florida Statute § 847.0135(2)
Computer Pornography
Florida Statute § 847.0135(2)
Computer-facilitated use or dissemination of a minor's identifying information for specified sexual-exploitation purposes.
What to Establish
Qualifying computerized conduct; minor identifying information; prohibited purpose.
Important Charge Note
Third-degree felony.
Prohibited Computer Use
Florida Statute § 847.0135(3)
Prohibited Computer Use
Florida Statute § 847.0135(3)
Using a computer service or device to seduce, solicit, lure, or entice a child or person believed to be a child for prohibited sexual conduct.
What to Establish
Knowing device use; qualifying solicitation or enticement; child or believed-child target; prohibited conduct.
Important Charge Note
Third-degree felony when age is not misrepresented.
Prohibited Computer Use — Age Misrepresentation
Florida Statute § 847.0135(3)
Prohibited Computer Use — Age Misrepresentation
Florida Statute § 847.0135(3)
The prohibited-computer-use offense when the defendant misrepresents their age.
What to Establish
The prohibited-computer-use facts plus the defendant's age misrepresentation.
Important Charge Note
Second-degree felony under the reclassification sentence in subsection (3).
Traveling to Meet a Minor
Florida Statute § 847.0135(4)
Traveling to Meet a Minor
Florida Statute § 847.0135(4)
Traveling, attempting to travel, or causing travel after specified online solicitation or enticement for prohibited sexual conduct involving a child or believed child.
What to Establish
Qualifying online conduct; travel or attempt; required prohibited purpose.
Important Charge Note
Second-degree felony.
Live Lewd or Lascivious Exhibition by Computer — Adult
Florida Statute § 847.0135(5)(a)-(b)
Live Lewd or Lascivious Exhibition by Computer — Adult
Florida Statute § 847.0135(5)(a)-(b)
An offender 18 or older commits the qualifying live computer exhibition to a viewer under 16.
What to Establish
Qualifying live act; live computer transmission; required viewer-age knowledge standard; offender 18 or older.
Important Charge Note
Second-degree felony.
Live Lewd or Lascivious Exhibition by Computer — Youth
Florida Statute § 847.0135(5)(a),(c)
Live Lewd or Lascivious Exhibition by Computer — Youth
Florida Statute § 847.0135(5)(a),(c)
An offender under 18 commits the qualifying live computer exhibition to a viewer under 16.
What to Establish
Qualifying live act; live computer transmission; required viewer-age knowledge standard; offender under 18.
Important Charge Note
Third-degree felony.
Computer-Service Provider Liability
Florida Statute § 847.0135(6)
Computer-Service Provider Liability
Florida Statute § 847.0135(6)
An owner or operator knowingly permits a subscriber to use a covered service to commit a violation of section 847.0135.
What to Establish
Owner or operator status; knowing permission; subscriber's service use to commit a violation of the section.
Important Charge Note
First-degree misdemeanor; the statute caps the fine at $2,000.
Elements of the Offense
Elements of the Offense
- Element 1
The defendant committed conduct prohibited by a specific subsection of section 847.0135 using a computer service, device, or computerized means.
Plain language: Identify the charged track: computer pornography, prohibited use, traveling, live transmission, or provider liability.
- Element 2
The State must prove the child-related knowledge, belief, communication, travel, or transmission facts required by that subsection.
Plain language: The required facts differ materially by statutory track.
Important Definitions
Important Definitions
Child or Person Believed To Be a Child
The solicitation and travel provisions apply to a child or another person the defendant believes to be a child; an undercover operative's involvement is not a defense under the statute.
Computer Service or Device
The statute identifies computer online services, Internet services, local bulletin board services, and other devices capable of electronic data storage or transmission, depending on the charged subsection.
Additional Notes
Additional Notes
Quick Reference
Start by identifying the subsection: computer pornography, prohibited computer use, traveling, live transmission, or service-provider liability.
Charging Caution
Each separate qualifying use of a covered service or device may be charged as a separate offense. Undercover involvement is not a defense to an offense under this section.
Classification
The applicable subsection and, where relevant, the offender's age or age misrepresentation control the degree. Use the charge-specific cards to identify the statutory track.