847.012 Prohibition of sale or other distribution
of harmful materials to persons under 18 years of age; penalty. ---
(1) As used in this section, "knowingly" means having the
general knowledge of, reason to know, or a belief or ground for belief which
warrants further inspection or inquiry of both:
(a) The character and content of any material described herein which
is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; however, an honest mistake shall constitute
an excuse from liability hereunder if the defendant made a reasonable bona
fide attempt to ascertain the true age of such minor.
(2) It is unlawful for any person knowingly to sell, rent, or
loan for monetary consideration to a minor:
(a) 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 and which is
harmful to minors, or
(b) Any book, pamphlet, magazine, printed matter however reproduced,
or sound recording which contains any matter defined in s. 847.001, explicit
and detailed verbal descriptions or narrative accounts of sexual excitement,
or sexual conduct and which is harmful to minors.
(3) Any person violating any provision of this section is guilty
of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(4) Every act, thing, or transaction forbidden by this section
constitutes a separate offense and is punishable as such.
(5)
(a) The circuit court has jurisdiction to enjoin a violation of this
section upon complaint filed by the state attorney in the name of the state
upon the relation of such state attorney.
(b) After the filing of such a complaint, the judge to whom it is
presented may grant an order restraining the person complained of until final
hearing or further order of the court. Whenever the relator state attorney
requests a judge of such court to set a hearing upon an application for such a
restraining order, such judge shall set such hearing for a time within 3 days
after the making of such request. No such order shall be made unless such
judge is satisfied that sufficient notice of the application therefor has been
given to the party restrained of the time when and place where the application
for such restraining order is to be made.
(c) The person sought to be enjoined shall be entitled to a trial of
the issues within 1 day after joinder of issue, and a decision shall be
rendered by the court within 2 days of the conclusion of the trial.
(d) In the event that a final decree of injunction is entered, it
shall contain a provision directing the defendant having the possession,
custody, or control of the materials, matters, articles, or things affected by
the injunction to surrender the same to the sheriff and requiring the sheriff
to seize and destroy the same. The sheriff shall file a certificate of his
compliance.
(e) In any action brought as provided in this section, no bond or
undertaking shall be required of the state or the state attorney before the
issuance of a restraining order provided for by paragraph (b), and there shall
be no liability on the part of the state or the state attorney for costs or
for damages sustained by reason of such restraining order in any case where a
final decree is rendered in favor of the person sought to be enjoined.
(f) Every person who has possession, custody, or control of, or
otherwise deals with, any of the materials, matters, articles, or things
described in this section, after the service upon him of a summons and
complaint in an action for injunction brought under this section, is
chargeable with knowledge of the contents and character
thereof.
(6) The several sheriffs and state attorneys shall vigorously
enforce this section within their respective jurisdictions.
(7) This section does not apply to the exhibition of motion
pictures, shows, presentations, or other representations regulated under the
provisions of s. 847.013.
History: ss. 1, 2, 3, 4, 5, 6, 7, ch. 67-153; ss. 1, 2, ch. 69-41; s. 1054, ch.
71-136; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 1, ch. 83-77; s. 2, ch.
86-38; s. 3, ch. 86-238; s. 5, ch. 88-283.