Obscene Materials
Knowingly dealing in, possessing, producing, advertising, or participating in conduct involving legally obscene materials, subject to the applicable statutory track.
Florida Statute
§ 847.011
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Obscenity — Private Adult Possession Is Protected
Controlling limitation
- Stanley v. Georgia (U.S. Supreme Court; 1969) bars criminal punishment for mere private possession of adult obscene material in the home. The printed §847.011(2) possession classification is not independent authority to charge that protected conduct.
- Distinguish private possession from sale, distribution, public exhibition, and other statutory conduct. This protection does not extend to possession of material depicting actual children sexually exploited in its production; Osborne v. Ohio permits prohibiting that possession. Preserve evidence and obtain legal guidance on the exact material and conduct track.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
Quick Summary
Obscenity has a specific legal definition. Identify the conduct track, the material, the defendant's knowledge, and whether a prior conviction or a minor-depiction provision changes the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Possession Without Intent to Deal
F.S. § 847.011(2)
Knowing possession, custody, or control of obscene material without the prohibited intent to deal in or advertise it.
Baseline Dealing or Live-Performance Track
F.S. § 847.011(1), (4)
The applicable knowing dealing, production, advertising, hiring, or obscene live-performance conduct track, without a specified reclassification.
Repeat or Specified Felony Tracks
F.S. § 847.011(1)(a), (1)(c), (3), (4)
The statute provides third-degree felony classifications for specified repeat offenses, material depicting a minor in the circumstances described by the statute, and other listed tracks. Confirm the precise subsection before charging.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all applicable facts
The defendant knowingly engaged in a prohibited conduct track involving the material, including dealing in, possessing with intent to deal in, producing, advertising, hiring another to engage in the prohibited conduct, or participating in an obscene live show, exhibition, or performance.
Plain language: Identify the exact conduct track and the defendant's knowing involvement.
- Element 2AND — Required
The State must prove all applicable facts
The material was legally obscene, meaning the required prurient-interest, patently-offensive, and lack-of-serious-value findings are met under the applicable standard.
Plain language: Material is not legally obscene merely because it is sexual or offensive; the legal obscenity definition must be met.
- Element 3AND — Required
The State must prove all applicable facts
Jury Instructions
Jury Instructions
Instruction 24.1
Obscene Materials — Possession With Intent to Sell
Use for the applicable possession-with-intent conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.2
Obscene Materials — Designing or Copying
Use for the applicable production conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.5
Obscene Materials — Possession Without Intent to Sell
Use for knowing possession without intent to deal in or advertise the material under F.S. § 847.011(2).
View Official InstructionImportant Definitions
Important Definitions
Obscene
A term with a statutory legal definition. The applicable standard considers the material as a whole, prurient interest, patently offensive depiction or description of sexual conduct, and lack of serious literary, artistic, political, or scientific value.
Additional Notes
Additional Notes
Quick Reference
This is a legally narrow, fact-specific offense. Identify the exact statutory track and preserve the material and evidence of the defendant's knowledge. Consult the current statute and applicable charging guidance.
Scope
Child-exploitation and harmful-to-minor offenses are separately covered in the Sexual Offenses category and are not duplicated here.