11.20 TRANSMISSION OF CHILD SEXUAL ABUSE MATERIAL BY ELECTRONIC DEVICE OR EQUIPMENT
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 11.20
- Statute
- § 847.0137(2) and (3), Fla. Stat.*
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Transmission of Child Sexual Abuse Material by Electronic Device or Equipment, the State must prove the following two elements beyond a reasonable doubt:
Give 1a or 1b as applicable.
§ 847.0137(2), Fla. Stat.
1. a. (Defendant), when in the State of Florida, transmitted child sexual abuse material to another person.
§ 847.0137(3), Fla. Stat.
b. (Defendant), when not in the State of Florida, transmitted child sexual abuse material to any person who was in the State of Florida.
2. (Defendant) knew or reasonably should have known that what [he] [she] transmitted was child sexual abuse material.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable.
If you find (defendant) guilty of Transmission of Child Sexual Abuse Material by Electronic Device or Equipment, you must also determine whether the State proved beyond a reasonable doubt that (defendant) was 18 years of age or older at the time of the crime.
Give if applicable. § 775.0862, Fla. Stat.
Enhancement for sexual offense against student by school authority figure.
If you find that (defendant) committed the crime of Transmission of Child Sexual Abuse Material by Electronic Device or Equipment, you must also determine whether the State has proved beyond a reasonable doubt that (defendant) was an authority figure at a school and (victim) was a student at the same school.
Lesser-included offenses
As the instruction lists them, word for word.
TRANSMISSION OF CHILD SEXUAL ABUSE MATERIAL BY ELECTRONIC DEVICE OR EQUIPMENT – 847.0137(2) and (3)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Attempt | 777.04(1) | 5.1 |
Related practice page
Child Pornography (CSAM) Transmission and Lewd Image Charges in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.