SECTION 847.0137. Transmission of pornography by electronic device or equipment prohibited; penalties.
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- 1(1) 2For purposes of this section:7(a) 8“Minor” means any person less than 18 years of age.18(b) 19“Transmit” means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.66(2) 67Notwithstanding ss. 69847.012 70and 71847.0133, 72any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 96847.001, 97to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 119775.082, 120s. 121775.083, 122or s. 124775.084125.126(3) 127Notwithstanding ss. 129847.012 130and 131847.0133, 132any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 160847.001, 161to any person in this state commits a felony of the third degree, punishable as provided in s. 179775.082, 180s. 181775.083, 182or s. 184775.084185.186(4) 187This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 236847.001, 237to any person in this state.243(5) 244A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).
284The provisions of this section do not apply to subscription-based transmissions such as list servers.
