Transmission of Harmful Material to a Minor
Knowingly transmitting material harmful to minors to a specific individual known or believed to be a minor.
Florida Statute
§ 847.0138
Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Confirm the transmission, the harmful material, and the defendant's knowledge or belief that the specified recipient was a minor.
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
All of the following must be proven
The defendant transmitted an image, information, or data harmful to minors to a specific individual.
Plain language: There must be a qualifying targeted electronic transmission.
- Element 2AND — Required
All of the following must be proven
The defendant knew or believed the specific recipient was a minor.
Plain language: Actual knowledge or belief about the recipient's minority is required.
- Element 3AND — Required
All of the following must be proven
The defendant knew or believed the transmitted image, information, or data was harmful to minors.
Plain language: The material and the defendant's required knowledge must be established.
Jury Instructions
Jury Instructions
Instruction 11.21
Transmission of Material Harmful to Minors by Electronic Device or Equipment
Covers section 847.0138(2); use current instruction definitions and any applicable enhancement language.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Known by the Defendant To Be a Minor
The defendant had actual knowledge or believed the communication recipient was a minor.
Transmit
To send to a specific individual known by the defendant to be a minor via electronic mail.
Harmful to Minors
A term defined in section 847.001. The current standard instruction addresses material depicting nudity, sexual conduct, or sexual excitement that meets the statutory three-part test.
Additional Notes
Additional Notes
Quick Reference
Confirm a targeted transmission, harmful material, and knowledge or belief that the recipient was a minor.
Targeted Email Requirement
The statutory definition of transmit is a send by electronic mail to a specific individual known by the defendant to be a minor. Subscription-based transmissions, such as list servers, are excluded.
Classification
Both the in-state and out-of-state transmission provisions are third-degree felonies.