SECTION 847.0138. Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
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- 1(1) 2For purposes of this section:7(a) 8“Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.34(b) 35“Transmit” means to send to a specific individual known by the defendant to be a minor via electronic mail.54(2) 55Notwithstanding ss. 57847.012 58and 59847.0133, 60any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 86847.001, 87to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 111775.082, 112s. 113775.083, 114or s. 116775.084117.118(3) 119Notwithstanding ss. 121847.012 122and 123847.0133, 124any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 157847.001, 158to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 182775.082, 183s. 184775.083, 185or s. 187775.084188.
189The provisions of this section do not apply to subscription-based transmissions such as list servers.
