Sending Harmful or Obscene Material to a Minor in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

Transmitting Material Harmful to Minors (§ 847.0138)

Instruction 11.21: the State must prove you knowingly sent an image, information, or data that you knew or believed was harmful to minors; to a specific person you actually knew, or believed, was a minor; by electronic mail. Material is harmful to minors when it depicts nudity, sexual conduct, or sexual excitement and predominantly appeals to a prurient, shameful, or morbid interest, is patently offensive under adult community standards for what is suitable for minors, and, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. The statute does not apply to subscription-based transmissions such as list servers. Third-degree felony (up to 5 years and $5,000).

Giving Obscene Material to a Minor (§ 847.0133)

Instruction 11.22: you knowingly sold, rented, loaned, gave away, distributed, transmitted, or showed obscene material to a person under 18. "Knowingly" includes having reason to know, or a belief that warranted further inquiry, about both the material's content and the minor's age. Third-degree felony.

Harmful Communication to a Minor (§ 847.01385)

Instruction 11.30: you engaged in a pattern of communication to the minor; it included explicit and detailed verbal descriptions or narrative accounts of sexual activity, sexual conduct, or sexual excitement; it was harmful to minors; you were 18 or older; and the recipient was under 18. "Communication" means verbal or written. Ignorance of age, a minor's misrepresentation, a good-faith belief about age, or the minor's consent is not a defense. Third-degree felony. This offense took effect October 1, 2024; its instruction was adopted in 2025.

Registration

§ 847.0133 and § 847.0138 are on Florida's sexual offender registration list. A conviction can mean reporting in person to the sheriff within 48 hours of establishing a residence, and for years after. § 847.01385 is not on that list. Which statute is charged, and any plea, can decide whether you register.

How We Defend These Cases

• Was it "harmful to minors" or "obscene"? Both are legal tests with several parts. Not every sexual image or message meets them.
• What did you know about age? For § 847.0138, the State must prove you knew or believed the recipient was a minor.
• Who actually sent it? Shared phones, shared accounts, and hacked profiles.
• Was there a "pattern"? The statute requires a pattern of communication and does not define the word.
• How police got the phone. See Motions to Suppress.

What to Do First

1. Stop all communication with the minor or the account.
2. Do not delete anything.
3. Do not explain yourself to police. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page and related pages: Online Solicitation of a Minor, Cyber Crimes, and Sex Crimes Defense.

Frequently Asked Questions

It was a text, not an email. Does § 847.0138 apply?

The statute says electronic mail. The commentary to Instruction 11.21 says courts have treated text messages and instant messaging as electronic mail. It is a fact question we examine closely.

The other person was an undercover officer. Can I still be charged?

Yes. § 847.0138 covers a recipient you believed was a minor.

Is every explicit message to a teen a crime?

No. Each statute has specific elements. But the risk is high, and you should speak with a lawyer before saying anything.