Hmmmm...pretty loose statute it appears....
http://www.fdle.state.fl.us/FC3/child_pornography.htm
Child Pornography
FDLE receives numerous e-mails each week from citizens that are frustrated about receiving advertisement for pornography in their e-mail inbox or while surfing the Internet. The majority of the material located on the Internet and transferred through e-mail is adult pornography, and is protected by the first amendment of the United States Constitution. This material loses this protection however, if it includes depictions of child pornography.
If you have received an e-mail or visited a website that contains pornography, here are a few things to remember:
§ There is no law in Florida that prohibits spam e-mail. Even if the e-mail contains adult sexually explicit images, it is legal.
§ Child pornography is illegal to produce, possess or distribute under both Florida Statute 847.0135 and Federal law, U.S. Code 18 Part 1, Chapter 110 Section 2252.
§ Many websites appear to contain child pornography, but in reality contain “Child Erotica”(i.e. children photographed nude or partially nude posed in a manner that does not meet the criteria for sexual conduct, see below). Child Erotica is not illegal.
Florida Statute 847.001(3) defines child pornography as “any image depicting a minor engaged in sexual conduct.” Sexual conduct is defined as “actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.” Florida Statute 847.001(16)
Additionally, if you receive child pornography by e-mail or in any other manner, do not download, print, or copy it to a disk and do not forward the e-mail to anyone. Leave the e-mail in your inbox and contact your local authorities. If you find a website that contains images of child pornography you should not download any of these images for any reason. You should write down the web address and leave the site, then contact your local authorities. Reporting these incidents to the authorities is a protected action by Florida Statute 847.0139.
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Damn, that last paragraph is a big trap... It begets that fact totally that in order to perceive that it is child pornography, it has already been downloaded to the disk...
