11.21 TRANSMISSION OF MATERIAL HARMFUL TO MINORS 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
11.21
Statute
§ 847.0138(2), 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 Material Harmful to Minors by Electronic Device or Equipment, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) knowingly sent an image, information, or data that [he] [she] knew or believed to be “harmful to minors.”

2. (Defendant) sent the image, information, or data to a specific individual who was either actually known by [him] [her] to be a minor or believed by [him] [her] to be a minor.

3. (Defendant) sent the image, information, or data via electronic mail.

Further findings

Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.

Give if applicable. § 775.0862, Fla. Stat.

Reclassification for sexual offense against student by school authority figure.

If you find that (defendant) committed the crime of Transmission of Material Harmful to Minors 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 MATERIAL HARMFUL TO MINORS BY ELECTRONIC DEVICE OR EQUIPMENT — 847.0138(2)

CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO.
Unlawful Use of a Two-way Communication Device934.21529.26
Attempt777.04(1)5.1

Related practice page

Sending Harmful or Obscene Material to a Minor 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.

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