Obscene Materials
Knowingly dealing in, possessing, producing, advertising, or participating in conduct involving legally obscene materials, subject to the applicable statutory track.
Florida Statute
§ 847.011
Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty
Verified against the 2026 Florida Statutes: September 13, 2026
Current provision effective: July 1, 2026
Quick Summary
Obscenity has a specific legal definition. Identify the conduct track, the material, the defendant's knowledge, and whether a prior conviction or a minor-depiction provision changes the classification.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Possession Without Intent to Deal
F.S. § 847.011(2)
Knowing possession, custody, or control of obscene material without the prohibited intent to deal in or advertise it.
Baseline Dealing or Live-Performance Track
F.S. § 847.011(1), (4)
The applicable knowing dealing, production, advertising, hiring, or obscene live-performance conduct track, without a specified reclassification.
Repeat or Specified Felony Tracks
F.S. § 847.011(1)(a), (1)(c), (3), (4)
The statute provides third-degree felony classifications for specified repeat offenses, material depicting a minor in the circumstances described by the statute, and other listed tracks. Confirm the precise subsection before charging.
Obscene Child-Like Sex Doll
F.S. § 847.011(5)
Knowing prohibited conduct involving an obscene child-like sex doll; a second or subsequent conviction is reclassified.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all applicable facts
The defendant knowingly engaged in a prohibited conduct track involving the material, including dealing in, possessing with intent to deal in, producing, advertising, hiring another to engage in the prohibited conduct, or participating in an obscene live show, exhibition, or performance.
Plain language: Identify the exact conduct track and the defendant's knowing involvement.
- Element 2AND — Required
The State must prove all applicable facts
The material was legally obscene, meaning the required prurient-interest, patently-offensive, and lack-of-serious-value findings are met under the applicable standard.
Plain language: Material is not legally obscene merely because it is sexual or offensive; the legal obscenity definition must be met.
- Element 3AND — Required
The State must prove all applicable facts
The defendant knew the nature, character, or content of the material, as shown by actual knowledge or facts and circumstances supporting the statutory inference.
Plain language: The defendant must have known what the material was or had facts that put a reasonable person on inquiry.
Jury Instructions
Jury Instructions
Instruction 24.1
Obscene Materials — Possession With Intent to Sell
Use for the applicable possession-with-intent conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.2
Obscene Materials — Designing or Copying
Use for the applicable production conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.5
Obscene Materials — Possession Without Intent to Sell
Use for knowing possession without intent to deal in or advertise the material under F.S. § 847.011(2).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.3
Obscene Materials — Advertising
Use for the advertising conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.6
Obscene Materials — Promoting or Performing
Use for the obscene live-show, exhibition, or performance track under F.S. § 847.011(4).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 24.4
Obscene Materials — Hiring Another Person
Use for hiring, employing, using, or permitting another person to engage in the prohibited conduct under F.S. § 847.011(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Obscene
A term with a statutory legal definition. The applicable standard considers the material as a whole, prurient interest, patently offensive depiction or description of sexual conduct, and lack of serious literary, artistic, political, or scientific value.
Additional Notes
Additional Notes
Quick Reference
This is a legally narrow, fact-specific offense. Identify the exact statutory track and preserve the material and evidence of the defendant's knowledge. Consult the current statute and applicable charging guidance.
Scope
Child-exploitation and harmful-to-minor offenses are separately covered in the Sexual Offenses category and are not duplicated here.