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Florida Criminal Offense

Harmful Materials to Minors

Selling, renting, loaning, using a minor to produce, or certain school-property distribution or posting of material harmful to minors.

FelonyThird Degree

Florida Statute

§ 847.012

Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty

Quick Summary

Identify the statutory track: commercial transfer to a minor, use of a minor in production, or adult school-property distribution/posting. All tracks are third-degree felonies.

Elements of the Offense

  1. Element 1

    The defendant knowingly committed a prohibited commercial transfer, used a minor in production, or committed the adult school-property distribution or posting track involving material harmful to minors.

    Plain language: Identify the charged statutory track.

  2. Element 2

    The State must prove the knowledge, minor-age, location, material, or consideration facts required by the charged track.

    Plain language: The additional facts differ by statutory track.

Important Definitions

Knowingly

The specified general knowledge, reason-to-know, or belief requiring further inspection or inquiry about both material content and the minor's age.

Additional Notes

Quick Reference

Identify the statutory track, confirm knowledge of material and age, and establish the required material, transaction, production, or school-property facts.

Classification

Every prohibited act, thing, or transaction is a separate third-degree felony offense. The statute excludes specified school-approved instructional materials from the school-property track.