Austin v. State

Michael J. Austin (“Appellant”) appeals his conviction and probationary sentence for violating section 847.0133, Florida Statutes (2009), which makes it a third-degree felony to “knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor.”1 Citing Pope v. Illinois, 481 U.S. 497, 107 S.Ct. 1918, 95 L.Ed.2d 439 (1987), Appellant asserts the trial court should have modified the jury instruction on obscenity to include a “reasonable person” standard. He also contends the court abused its discretion by proscribing alcohol consumption as a special condition…