When individuals or businesses allow pornographic images to be visible to minor children, they may be prosecuted in the state of Florida. This includes retail displays of pornography to minors. In Florida, anyone who knowingly sells pornography in a retail establishment that is frequented by minors may be charged with retail display of pornography to minors if they do not abide by certain rules and regulations.
Regulations for Retail Display of Pornography in Florida
It is not illegal to sell pornography in a business that minors frequent; however individuals and businesses are required to follow certain rules to ensure that minors cannot see pornographic material. Magazines, books, and any other printed material that shows images of a pornographic nature on its cover must be out of viewing range of minors. These images must be either blacked out or otherwise out of the viewing range of minors. If magazines, books, or other printed materials have descriptive pornographic material inside of them, then the individual or the business has a responsibility not to place this information where minors could gain access. This means that retail locations must have “adult sections” which are securely located behind counters or in other monitored areas to ensure minors don’t gain access.
Consequences for the Retail Display of Pornography to a Minor in the State of Florida
If you are suspected, accused, charged and subsequently convicted of the crime or retail display of pornography to a minor, you will find your personal and business reputations may be permanently damaged. You may also be facing additional penalties and consequences.
Consequences for this crime could include the following:
- First Degree Misdemeanor
- Up to 1 year in Prison
- Fines of up to $1000
- Increased penalties for repeat offenders and felony offenders
Possible Defenses for the Retail Display of Pornography to Minors in the State of Florida
There are many defenses that your Florida sex crimes attorney could use in order to have the charges against you reduced or even dismissed. If you made a reasonable attempt find out how old the minor was, or if the minor knowingly lied about their age, your attorney may be able to use these circumstances as valid defenses against these serious crime charges.