Presenting Obscene Material to a Minor

Presenting obscene material to a minor is a Florida sex crime that prohibits individuals from showing certain sexually explicit material to minors. If convicted of presenting obscene material to a minor, you must register as a sex offender for the rest of your life, even if you never met the minor who received the material. However, at the Mayberry Law Firm, we know better than anyone that just because you’ve been arrested for a Tampa Bay sex crime doesn’t make you guilty. For over a decade, Attorney Jason Mayberry has represented countless clients facing potentially life-changing charges, helping them to minimize the impact their arrest has on their future. 

Under Florida Statutes § 847.0133, presenting obscene material to a minor involves knowingly selling, distributing, loaning or showing anyone under 18 material that depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse. In this context, “material” includes pictures, photos, videos, books, magazines, and digital images. The law also covers printed materials without images that provide narrative accounts of sexual excitement or sexual conduct.

The term knowingly includes actual knowledge that the material contains sexually explicit content but also having a reason to believe such that further inspection is required. Thus, there is no requirement that the prosecution prove a defendant knew for certain that the material was obscene.

The law against presenting obscene material to minors is very broad. However, a few examples of conduct that may run afoul of the law include the following:

• A father shows his daughter’s friend nude pictures of himself;
• “Sexting” between a college student and a 17-year-old high school student; or
• Allowing a child to watch a pornographic film.

Under § 847.0133, presenting obscene material to a minor is a felony of the third degree. Florida law provides that anyone convicted of a third-degree felony can face a term of imprisonment of up to five years and a fine of up to $5,000. Additionally, because presenting obscene material to a minor is considered a sex offense under § 943.0435, anyone convicted of this offense must register as a sex offender for the rest of their life.

Often, Hillsborough County prosecutors bring obscenity charges in conjunction with other, more serious charges. While the exact offenses vary depending on the circumstances, some of the crimes that most often accompany presenting obscene material to a minor include:

• Transmission of Material Harmful to Minors – Florida Statutes § 847.0138
• Traveling to Meet a Minor – Florida Statutes § 847.0135(4)
• Online Solicitation of a Minor – Florida Statutes § 847.0135(3)(a)
• Possession of Child Pornography – Florida Statutes § 827.071(5)(a)
• Promotion of Child Pornography – Florida Statutes § 827.071(4)
• Promoting a Sexual Performance by a Child – Florida Statutes § 827.071(3)
• Exposing Minors to Harmful Motion Pictures, etc. – Florida Statutes § 847.013

If you face charges related to presenting obscene material to a minor, or any other Florida sex crime, the next thing you do should be to call an experienced Tampa Bay sex crimes defense attorney to begin working on your defense. At the Mayberry Law Firm, we have more than a decade of experience aggressively defending clients charged with serious sexual offenses. We recognize that the mere filing of these charges—despite your presumption of innocence—immediately changes your life, and we are committed to ensuring that your arrest has as little impact on your future as possible. To learn more and to schedule a free consultation with a Tampa criminal defense attorney today, call 813-444-7435. You can also reach us through our online contact form.