Understanding Florida Statute 847.011: A Comprehensive Guide

Florida Statute 847.011 is a crucial piece of legislation that aims to protect individuals, particularly minors, from obscene material or conduct. This law has significant implications for individuals and businesses, making it essential to understand its intricacies.

The Basics of Florida Statute 847.011

Florida Statute 847.011 is a critical piece of legislation that regulates the distribution and production of certain types of content within the state. This law is essential to Florida's commitment to upholding public decency and protecting vulnerable populations from potentially harmful material.

Let's delve deeper into the specifics of this statute.

  • What is Florida Statute 847.011? Primarily, Florida Statute 847.011 prohibits the selling, giving away, showing, or possession with intent to sell, give away, or show any obscene, lewd, lascivious, filthy, indecent, or disgusting book, magazine, pamphlet, newspaper, story paper, figure, image, card, record, or other publication. The law also prohibits the design, copy, drawing, photographing, printing, uttering, publishing, or selling of any such material.
  • Who Does Florida Statute 847.011 Protect? The statute is designed to protect all individuals but places particular emphasis on the protection of minors. It specifically prohibits the use of minors in producing such material and the distribution or display of such material to minors.

The Penalties under Florida Statute 847.011

Violating Florida Statute 847.011 can have serious consequences, as it's considered a significant offense under the state's law. The penalties associated with these violations are substantial and can be even more severe when a minor is involved. Let's delve into the potential repercussions and defenses related to this statute.

  • Consequences for Violating Florida Statute 847.011: Violations of Florida Statute 847.011 can result in a variety of penalties depending on the nature and severity of the offense. For instance, first-time offenders may be charged with a third-degree felony, which can carry penalties of up to five years in prison, five years of probation, and a $5,000 fine. More severe charges and penalties can apply if the offense involves a minor.
  • Legal Defenses Against Charges Under Florida Statute 847.011: While the statute is comprehensive, potential defenses are available to individuals charged under Florida Statute 847.011. For example, the accused may argue that the material in question is not obscene per the legal definition or that they did not intend to distribute the material.

The Impact of Florida Statute 847.011 on Businesses

Florida Statute 847.011 has significant ramifications for businesses, especially those in the media and publication sectors. It necessitates stringent adherence to content guidelines to avoid contravening the law's provisions on obscenity. Let's explore how businesses can maintain compliance and the implications of not doing so.

  • Maintaining Compliance with Florida Statute 847.011: Businesses, particularly those involved in distributing or producing media content, must ensure they comply with Florida Statute 847.011. This can involve implementing strict content review policies and procedures and training employees about what constitutes obscene material.
  • The Role of Legal Counsel: Given the complexities of Florida Statute 847.011, businesses must seek legal counsel to ensure they fully understand the law and its implications. An experienced attorney can guide you in maintaining compliance and defending against potential charges.

Florida Statute 847.011 plays a vital role in protecting individuals from obscene material. Understanding this law is important for individuals and businesses, as non-compliance can result in severe penalties. As always, seeking advice from a legal professional is highly recommended when dealing with complex legal matters.

Reach out to Albert J. Sauline, III Attorney at Law at (850) 250-3426 to understand how our legal team can assist you.