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possession of obscene material

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FLguy1

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Florida

Based on a cursory review of Florida statutes it would appear the possession of pornography, such as magazines, DVD's, etc., in Florida is illegal. However, with every corner convenience store selling periodicals and some adult video stores around the state, how actively is this prosecuted? This is for personal use only, not shared, showed or sold to any other invididuals. To be clear this question addresses material with images of adults only - no children! That is without question offensive and off limits!
 


FLguy1

Junior Member
Statute Information

This is the Statute Information. I'll cite the location and then also a link (not sure if that is permitted on this site.)

Title XLVI Chapter 847 Section 847.011

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0847/SEC011.HTM&Title=->2005->Ch0847->Section%20011#0847.011


Thanks for the interpretation!
 

justalayman

Senior Member
FLguy1 said:
This is the Statute Information. I'll cite the location and then also a link (not sure if that is permitted on this site.)

Title XLVI Chapter 847 Section 847.011

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0847/SEC011.HTM&Title=->2005->Ch0847->Section%20011#0847.011


Thanks for the interpretation!
OK now to the second part of my post.
 

reyn562

Member
Possession of Porn, is it illegal?

I read the Statute and it states, not in itself regarding possession, but possession WITH INTENT to distribute, sell, lend, display, transmits, etc. for obscene purposes. Basically this means you cannot publicly display the items in question. A general store cannot display publicly their items containing pornography on sale for adults. And an adult bookstore does not have windows through which the public can peek, and does not allow anyone under the age of 18 to even enter the store.

While possession of porn is, in itself, not illegal, it depends on how it is displayed. If it is displayed to children, or anywhere children can get to it (except for reasonable hiding places in the parents' room), then it is illegal. It is also illegal if it is displayed in a manner or in an area where it can be offensive to either children or the public. For example it is illegal to take a Playboy Magazine into Wendy's, or to even leave it in plain sight in your car.

Now, the possession of CHILD porn is absolutely, unequivically ILLEGAL!! It is illegal in every way possible: displayed, occult, printed, digital, you name it. It is illegal if it has pictures of real children partaking in explicit activity, from just posing (not even necessarily nude), to performing actual activity.

Unfortunately speaking, however, simulated child porn, that in which cartoon or CGI characters as children, is not considered illegal as recently ruled by the Supreme Court. I don't want to go any further on that.
 
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justalayman

Senior Member
HomeGuru said:
**A: you want obscene? Read this thread.
Correct me if I am looking at this wrong HG.

At face value the statute linked does make just about any sale of obscene material illegal in florida. The OP does state the porn is sold in Fla. I could be wrong but from what they have been experiencing in northern Indiana, it is that defining "obscene" is the problem.

With few exceptions "obscene" failed to include most porn available.
If this is the case as well in Fla. removing porn from the state is not going to happen.
 

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