Sexual Performance by a Child; Child Sexual Abuse Material
Using a child in a sexual performance, promoting such a performance, or specified possession, control, viewing, or solicitation of child sexual abuse material.
Florida Statute
§ 827.071
Sexual performance by a child; child sexual abuse material; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Quick Summary
Identify the statutory track first. The conduct, child age, role, intent, and material facts determine the applicable classification and mandatory-minimum considerations.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Use of a Child in a Sexual Performance
F.S. § 827.071(2)(a)
Knowing use, authorization, inducement, or qualifying custodial consent involving a child in a sexual performance.
Aggravated Use — Child Under 12
F.S. § 827.071(2)(b)
Knowing use, authorization, or inducement of a child younger than 12 in a sexual performance.
Promoting a Sexual Performance by a Child
F.S. § 827.071(3)
Knowing production, direction, or promotion of a performance including sexual conduct by a child.
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
Confirm the charged statutory track
The defendant committed conduct prohibited by a specific subsection of section 827.071.
Plain language: Identify the charged track: use, aggravated use, promotion, possession with intent to promote, or knowing solicitation, possession, control, or intentional viewing.
- Element 2AND — Required
Confirm the charged statutory track
The State must prove the child age, knowledge, purpose, role, or material facts required by that statutory track.
Plain language: The facts that set the degree differ materially across the tracks.
Jury Instructions
Jury Instructions
Instruction 16.7
Use of a Child in a Sexual Performance
Use the current instruction that matches the charged subsection of section 827.071.
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 16.8
Promoting a Sexual Performance by a Child
Covers the promotion track under section 827.071(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 16.10
Possession of Child Sexual Abuse Material With Intent To Promote
Covers section 827.071(4).
View Official InstructionImportant Definitions
Important Definitions
Child Sexual Abuse Material
An image depicting a minor engaged in sexual conduct, or an image created, altered, adapted, or modified to portray an identifiable minor engaged in sexual conduct.
Sexual Performance
Any performance or part of a performance that includes sexual conduct by a child.
Intentionally View
To deliberately, purposefully, and voluntarily view; proof requires more than a single presentation over any period of time.
Promote
The statute's broad list of actions that includes procuring, producing, distributing, transmitting, publishing, posting, sharing, advertising, or offering or agreeing to do the same.
Additional Notes
Additional Notes
Quick Reference
Start with the statutory track. Then confirm the applicable child age, defendant role or conduct, knowledge, and intent facts.
Separate-Offense Rule
Under subsection (5), each qualifying presentation and each child depicted can be a separate offense. Material handled as part of a law-enforcement investigation is excluded from that subsection.
Mandatory-Minimum Review
Specified adult-offender convictions carry mandatory minimums, subject to the statute's written-findings exception. Review the current statute and charging allegations before relying on a penalty assessment.