May 7, 2024

In the digital age, internet laws are pivotal in safeguarding individuals and maintaining order
online. Florida, like many states, has a detailed legislative framework to tackle cybercrimes.
Florida Statute 847 is a set of obscenity laws designed to address various illegal activities that
occur in cyberspace.

This article will explain Florida Statute 847, which covers cyber crimes. Remember, this is only a
broad overview. For specific questions related to investigation or prosecution, contact a Board
Certified Specialist in criminal law.

Legal defenses and elements of the offenses will be covered in a follow up article.

Florida Statute 847 Cyber Crimes Definitions and Subsections

Florida Statute 847 covers Florida laws that deal with sexual offenses as cyber crimes. The
possession and distribution of obscene materials, exploitation of minors, and other illicit
activities conducted via the internet are discussed below.

As technology evolves, so do the methods of committing crimes. Legislation like Florida Statute
847 is updated regularly to cover new forms of cyber misconduct. At the same time, this
constant government tinkering makes it easier for innocent citizens to become falsely accused.

Key Provisions of this Statute

Florida laws are divided into several statute sections. In Florida Statute 847, each addresses
different cyber crimes:

● 847.011 focuses on the prohibition of obscene literature and related offenses.
● 847.012 specifies the law regarding unlawful distribution of obscene material to minors.
● 847.0133 outlines the regulations against the solicitation of minors via electronic devices.
● 847.0135 is particularly important as it covers the transmission of material harmful to
minors and computer pornography.
● 847.0138 relates to the disclosure of confidential information.

Addressing Child Exploitation and Pornography

One of the main focuses of Florida Statute 847 is the protection of minors from exploitation and
pornography. These laws are stringent, with severe penalties for those who violate them,
including potential felony charges. The statute aims to prevent the use of the internet as a tool
for exploiting children and other vulnerable people. This exploitation may be by distribution of
explicit materials, solicitation, or other harmful activities.

Implications for Florida Residents

For residents of Florida, these laws mean that certain online behaviors can have legal
consequences. It is essential for individuals to be aware of the boundaries set by Florida Statute
847, as ignorance of the law is not a defense in the eyes of the court.

Legal Consequences of Cyber Crimes

Violations of Florida Statute 847 can result in fines, imprisonment, or both. The severity of the
penalty typically depends on the nature of the crime and whether the offender has a history of
similar offenses. For example, distributing obscene material to minors can result in a
third-degree felony charge, which carries a potential sentence of up to 5 years in prison and a
$5,000 fine.

Awareness and Prevention

Awareness is key to preventing the commission of cyber crimes. Florida residents should be
educated about internet laws and the potential risks of certain online activities. Parents, in
particular, need to be vigilant about their children’s internet usage and educate them on safe
online practices.

Cyber Security and Protection Measures

In addition to legal consequences, Florida Statute 847 also encourages individuals and
businesses to take proactive steps in protecting themselves against cyber crimes. This includes
using secure passwords, updating software regularly, and being cautious about sharing
personal information online.

Tips for Staying Safe Online

To stay within the confines of the law and protect oneself from cyber crimes, here are some tips:

● Use Strong Passwords: Choose passwords that are difficult to guess and include a mix of
letters, numbers, and symbols.
● Keep Software Updated: Regularly update your operating system and software to protect
against vulnerabilities.
● Be Wary of Suspicious Links: Avoid clicking on links or downloading attachments from
unknown or untrusted sources.
● Educate Yourself: Familiarize yourself with the latest online scams and methods used by
cybercriminals.

Importance of Cyber Security Education

Education plays a vital role in cyber security. Organizations and educational institutions should
provide training on internet safety and the importance of adhering to cyber laws.

How Businesses Can Comply with Internet Laws

Businesses operating in Florida must also adhere to the provisions of Florida Statute 847. This
means implementing policies and procedures that prevent the distribution of illegal content and
ensuring that their platforms are not used for unlawful activities.

Developing a Compliance Strategy

Businesses should develop a comprehensive compliance strategy that includes:

● Employee Training: Train employees on internet laws and company policies regarding
online conduct.
● Content Monitoring: Monitor content to ensure that nothing illegal is being shared or
distributed through the business’s networks.
● Legal Consultation: Consult with legal experts to stay updated on the latest changes to
internet laws and ensure compliance.

The Role of Technology in Compliance

Technology can aid businesses in complying with Florida Statute 847. Tools such as content
filters, monitoring software, and secure communication platforms can help prevent the misuse of
the internet and protect against cyber crimes.

Updates and Revisions to Florida Statute 847

The digital landscape is ever-changing, and so are the laws that govern it. Florida Statute 847 is
subject to updates and revisions to keep pace with the evolution of technology and new types of
cyber crimes.

Staying Informed About Legal Changes

It is crucial for Florida residents and businesses to stay informed about any changes to internet
laws. This can be done by:

● Regularly Checking Legal Resources: Keep an eye on official state websites and legal
resources for updates on internet laws.
● Attending Seminars and Workshops: Participate in seminars and workshops that discuss
changes in cyber law and best practices for compliance.
● Engaging with Online Communities: Join online forums and communities where legal
experts and peers share information and insights on internet laws.

Conclusion

Florida Statute 847 is an integral part of maintaining safety and order in the digital realm for the
state’s residents and businesses. Understanding and complying with these laws is not just a
legal obligation but also a measure of good digital citizenship. By staying informed, taking
proactive security measures, and fostering awareness, we can all contribute to a safer online
environment.

Charged with a cyber crime in Florida? Contact Cobb Criminal Defense Law Firm online today to book a consultation.