One such case recently before the Florida Supreme Court highlights this. In Smith v. State, the court was asked to resolve a conflict between this ruling handed down by the Fourth District Court of Appeal in 2015 and an earlier ruling in 2013 in Biller v. State by Florida’s Fifth District Court of Appeal. At issue was whether the use of a file-sharing program for purposes of disseminating child pornography in fact violates the statutory prohibition on transmitting child porn.
The Florida Supreme Court ruled: Yes, it does. That means the precedent set by the 5th DCA is overturned, and those who transmit illegal sexual images of children via file-sharing program can be charged under F.S. 847.0137. Continue reading