Florida, like other states, takes the matter of criminal threats very seriously. In the interest of public safety, the state has implemented various statutes and laws to address and punish those who make threats of violence or harm. This article will provide an in-depth examination of Florida's criminal threat laws, including offenses, punishments, elements needed for a conviction, frequently asked questions, and examples for each offense.
I. Florida Statutes and Laws
Florida's criminal threat laws can be found in Chapter 836 of the Florida Statutes, which specifically addresses defamation and the making of threats. Here, we'll focus on two primary statutes: Section 836.05, which covers threats to kill or do bodily injury, and Section 836.10, which deals with written threats.
A. Section 836.05 – Threats to Kill or Do Bodily Injury
This statute makes it a crime to threaten someone with death or serious bodily injury, either verbally, in writing, or by electronic communication. Violation of this statute can result in felony charges.
B. Section 836.10 – Written Threats
Under this statute, it is a crime to send a written threat to kill or do bodily harm, including threats to conduct a mass shooting or act of terrorism. This law also applies to electronic communications, such as text messages or emails. Like Section 836.05, this offense is also considered a felony.
II. Offenses and Punishments
A. Threats to Kill or Do Bodily Injury (Section 836.05)
Offense - A person commits the offense of threatening to kill or do bodily injury if they intentionally and maliciously make a threat against someone else's life or safety, with the intent to cause fear or harm.
Punishment - A violation of Section 836.05 is a second-degree felony in Florida, punishable by up to 15 years in prison and a fine of up to $10,000.
B. Written Threats (Section 836.10)
Offense - A person commits the offense of sending a written threat to kill or do bodily harm if they knowingly send or deliver a written or electronic communication containing a threat to kill or seriously injure someone or a threat to conduct a mass shooting or act of terrorism.
Punishment - A violation of Section 836.10 is also a second-degree felony in Florida, with the same penalties as Section 836.05: up to 15 years in prison and a fine of up to $10,000.
III. Elements Needed for Conviction
In order to secure a conviction under Florida's criminal threat laws, the prosecution must prove several elements beyond a reasonable doubt. For both Section 836.05 and Section 836.10 offenses, these elements include:
- Intent - The accused must have intended to make a threat, and the threat must have been made maliciously. Accidental or careless statements do not meet the criteria for criminal threats.
- Communication - The threat must have been communicated to the victim, either verbally, in writing, or electronically. For written threats, the communication must have been knowingly sent or delivered.
- Fear or Harm - The threat must have been intended to cause the victim to fear for their life or safety, or to cause them actual harm.
IV. Frequently Asked Questions
What is the difference between a threat and a joke?
A threat is a statement made with the intention of causing fear or harm, while a joke is a humorous remark meant to entertain. In some cases, it may be difficult to distinguish between the two. However, the context in which the statement is made and the intent of the speaker play a crucial role in determining whether a statement is a threat or a joke. If the person making the statement had no intent to cause fear or harm and the statement was made in a context that would lead a reasonable person to believe it was a joke, it may not be considered a criminal threat.
Can I be charged for a threat I made on social media?
Yes, threats made on social media can result in criminal charges, as electronic communications are covered under both Section 836.05 and Section 836.10 of the Florida Statutes. If the threat meets the elements required for conviction, you could be charged with a felony.
Can I be charged for a threat I made in a private message or email?
Yes, threats made in private messages or emails can also result in criminal charges. The mode of communication does not exempt a threat from being considered a criminal offense under Florida law.
V. Examples for Each Offense
A. Threats to Kill or Do Bodily Injury (Section 836.05)
Example 1: A person calls their ex-spouse and, during the conversation, threatens to kill them if they do not return certain personal belongings. This could be considered a violation of Section 836.05, as the threat was made with the intent to cause fear and was communicated verbally.
Example 2: A person sends a text message to a former business partner, stating that they will break their legs if they do not repay a debt. This would also fall under Section 836.05, as the threat was made with malicious intent and was communicated electronically.
B. Written Threats (Section 836.10)
Example 1: A person sends a letter to a local school stating that they plan to commit a mass shooting on the premises. This could be considered a violation of Section 836.10, as it involves a written threat to conduct a mass shooting.
Example 2: A person posts a message on social media, threatening to blow up a specific building if their demands are not met. This would fall under Section 836.10, as it involves an electronic communication containing a threat to commit an act of terrorism.
VI. Defenses for Each Offense
Defenses to criminal threats under Florida law can vary depending on the specific circumstances of the case. If you are charged with making a criminal threat, it is crucial to consult with an experienced criminal defense attorney who can evaluate the facts and develop the best defense strategy. Here are some potential defenses that may be applicable in a criminal threat case:
Lack of Intent Defense
One defense is to argue that the accused did not have the necessary intent to make a threat. To be convicted of a criminal threat, the prosecution must prove that the defendant intended to cause fear or harm. If the defendant can show that their statement was made in jest, or without any malicious intent, they may be able to avoid a conviction.
Example: A person sends a text message to a friend, saying, "I'm going to kill you if you don't come to my party tonight." In this situation, if the accused can establish that the message was sent as a joke and there was no intent to cause fear, the lack of intent defense could be successful.
Ambiguity or Vagueness Defense
Another defense is to argue that the alleged threat was too vague or ambiguous to constitute a criminal threat. If the statement is open to multiple interpretations and does not clearly convey an intent to cause fear or harm, the defense may be able to argue that it does not meet the legal definition of a criminal threat.
Example: A person tells a co-worker, "You better watch your back." In this case, the statement is ambiguous and could be interpreted in different ways. The defense may be able to argue that the statement was not a clear threat and should not result in a conviction.
Protected Speech Defense
In some cases, the defense may argue that the alleged threat is protected by the First Amendment's right to free speech. However, this defense is limited, as the courts have consistently held that true threats are not protected by the First Amendment. A successful protected speech defense would require showing that the alleged threat was not a true threat and did not cause the victim to fear for their safety.
Example: A person posts a message on social media criticizing a political figure and stating that they "wish someone would do something about them." While the statement may be controversial, it does not clearly convey a direct threat, and the defense could argue that it is protected speech.
False Accusation
In some cases, the defense may argue that the defendant was falsely accused of making a threat. This defense would require presenting evidence or testimony to cast doubt on the credibility of the alleged victim or other witnesses.
Example: A person is accused of making a threatening phone call, but they can provide phone records showing that they were not on the phone at the time the threat was allegedly made. This evidence could support a false accusation defense.
Insufficient Evidence
The defense can argue that the prosecution lacks sufficient evidence to prove the elements of the crime beyond a reasonable doubt. This may involve challenging the credibility of witnesses, the reliability of evidence, or the sufficiency of the prosecution's case as a whole.
Example: The prosecution relies on a witness who claims to have overheard the defendant making a threat. However, the defense presents evidence that the witness was too far away to hear the conversation clearly, thus casting doubt on the sufficiency of the evidence.
It is important to note that each case is unique, and the best defense strategy will depend on the specific facts and circumstances of the alleged offense. Always consult with a qualified criminal defense attorney to discuss your options and develop the most effective defense for your case.
Florida's criminal threat laws are designed to protect the public from harm and to deter individuals from making threats that could lead to violence. Understanding the statutes, offenses, punishments, and elements needed for a conviction is essential for both potential victims and those accused of making threats. Remember that threats made verbally, in writing, or electronically can result in felony charges, and it's crucial to consider the consequences of your words and actions.
Don't let criminal threat charges jeopardize your future. Protect your rights and freedom by choosing the experienced legal team at Musca Law, P.A. Our dedicated attorneys understand the complexities of Florida's criminal threat laws and will work tirelessly to build the strongest defense for your case. Don't wait any longer; take control of your situation today. Call us now for a free, confidential consultation at our toll-free number 1-888-484-5057. Trust Musca Law, P.A. to provide the aggressive and skilled representation you deserve.