Attorney's Note

Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanor of the first degreeup to 1 yearup to $1,000
For details, see Fla. Stat. § 775.082(4)(a)

Terms Used In Florida Statutes 847.0147

  • Obscene: means the status of material which:
    (a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;
    (b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and
    (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. See Florida Statutes 847.001
  • Person: includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 847.001

(1) It is unlawful for any telephone subscriber to sell, offer for sale, or transmit, over telephone lines, any obscene material or message described and promoted as “adult” and of a nature which is commonly understood to be for the purposes of sexually oriented entertainment.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.