Sale or Distribution to a Minor in Florida

Florida law prohibits the sale of any form of pornography (such as images, videos, etc.) to minors under 17. This law also encompasses anyone who assists a minor in the purchase of pornographic material. If convicted of this crime, you could face years in prison, not to mention public disdain.

According to State of Florida Statutes, pornography is defined as “any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse”. It also includes any book, pamphlet, magazine, printed matter, or sound recording that is pornographic or harmful in nature.

Consequences for Selling Pornography to Minors in the State of Florida

The penalties for selling pornography to minors are serious and carry lifelong consequences. These consequences also apply to those who purchase pornography for a minor.

Penalties may include the following:

  • Felony of the third degree
  • Prison time of up to 5 years
  • $5,000 in fines
  • Increased penalties for habitual felony offenders
  • Every instance of selling pornography to a minor counts as a separate offense
  • Separate offense penalties are served consecutively
  • Possible registration as a sex offender for life

Additionally, other related charges, such as child abuse, may also be pressed at this time.

Possible Defenses for Selling/Distributing Pornography to Minors in the State of Florida

Unfortunately, being ignorant of a minor’s age is not a usable defense if you are charged with selling or obtaining pornography to minors. You can still be charged with selling or obtaining pornography for a minor, even if that minor had a fake I.D. While this makes it a lot more difficult for you to fight the charges against you, there are a several defenses that your Florida pornography defense attorney can use to assist you in reducing or even having the charges against you dismissed.