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Transmission of Harmful Material to a Minor

Children are our future, and both state and federal law have a variety of protections in place specifically to ensure their wellbeing. Crimes against children, especially sex-related crimes, are prosecuted severely at both levels, and met with enhanced penalties and serious long-term consequences. If you’ve been charged with a crime involving a minor, contact Hanlon Law today to schedule a free consultation. 


What is the Transmission of Harmful Material to a Minor?


Florida Statute 847.0138 defines the transmission of harmful material to a minor as knowingly using electronic means to transmit material the government has determined as “harmful” to minors, or anyone under the age of 18. 


Such harmful material is defined as any sexually explicit visual content, such as images, pictures, GIFs, videos, animations, and other visual representations. Florida law also includes written content in this definition, so sexually explicit literature could also be prosecuted under this statute. Sexually explicit refers to the inclusion or depiction of nudity, partial nudity, sexual conduct, sexual behavior, sexual battery, and sexual excitement. 


The only provided exception to this rule is when the content in question holds “serious literary, artistic, political, or scientific value” for minors. What qualifies as “serious value,” however, is not specified, making it a difficult defense to argue.


Electronic transmission just means sending something electronically, such as via the Internet or mobile data on your phone. This includes things like email, instant messaging, SMS messaging, social media communication, etc. “Transmission,” in this instance, includes any form of sending, whether solicited or unsolicited. This covers the generic sending, but also things like selling, renting, lending, or gifting.


It’s important to note that the definition includes the caveat that the transmission must be made “knowingly.” This means that you must not only actually intend to transmit harmful material, but you must know that the recipient is (or believe the recipient to be) a minor. 


What are the Consequences of Transmitting Harmful Material to a Minor?


In the state of Florida, a first-time offense is considered a third-degree felony. As such, it is punishable by up to 5 years in prison (and/or up to 5 years of probation), along with a $5,000 fine. Subsequent offenses are subject to enhanced penalties. Florida law specifies that a person charged with four or more counts of transmitting harmful material to a minor must be sentenced to a minimum of 12 months in prison, with an additional 4 months added for every additional count.


It’s important to note that the transmission of harmful material to a minor is prosecuted by content instead of transmission. This means that each separate piece of harmful material is its own charge, even if those pieces were all sent in the same transmission. So, for example, a single email that includes three different sexually explicit images sent to a minor could lead to three separate counts of transmitting harmful material to a minor. 


Because of this, the counts can add up quickly, meaning the mandatory minimum jail sentence can increase exponentially. 


In addition to jail time and fines, you will also be designated as a sex offender, and be required to register as one. Mandatory sex offender registration means that your name, personal information, criminal record, and more will be on a list that can be accessed by the public at any time. Registration is for life, except in very rare cases, and you will be required to update your information regularly. 


Registered sex offenders face restrictions in their daily life, including being prohibited from certain spaces where children congregate (such as schools and playgrounds). It will also show up on a background check, and can lead to difficulties obtaining housing, educational opportunities, professional licensure, and more.


Kissimmee Criminal Defense Lawyers


With such severe, life-long consequences on the line, it’s vital to have an experienced defense attorney on your side who can help you craft a solid defense. At Hanlon Law, our legal team offers nearly two decades of experience in the courtroom. We’ll work tirelessly to help you secure the best possible outcome, and ensure we take advantage of every opportunity to advocate on your behalf. 


If you’ve been charged with transmitting harmful material to a minor, don’t wait. Contact Hanlon Law today to schedule a free consultation.

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