Written Threats Offenses in Florida: Definition, Penalties, Defenses, and Recent Legislative Changes

Written threats have become a serious concern in recent years, particularly as electronic communication has made it easier to disseminate threatening messages. In response to this issue, the Florida legislature amended the state's written threats statute in 2021 to expand the scope of the offense. This page explores the definition, penalties, and defenses related to written threats offenses, as well as discuss the recent legislative changes in Florida.

Florida's Definition of Written Threats Offenses

Under Florida Statute Section 836.10, a written threat offense occurs when an individual composes, sends, or causes to be sent any written or electronic communication containing a threat to kill or do bodily harm to another person or their family. This includes threats made through letters, emails, social media posts, text messages, or any other form of written or electronic communication. Previously, the statute required that the threat be sent directly to the target or their family for the offense to occur. However, the 2021 amendment removed this requirement, making it unlawful to make a written or electronic threat regardless of whether the person directly received or saw the threat.

Elements the Prosecution Needs to Prove in Order to Convict a Defendant of "Written Threats"

In order for the prosecution to prove that a defendant is guilty of "written threats," they must establish the following elements:

  1. The defendant wrote or composed a letter, document, or other written communication.

  2. The written communication contained a threat to kill or do bodily harm to an individual or group of individuals.

  3. The threat was made with the intent to cause the individual or group of individuals to fear for their safety.

  4. The threat was sent or delivered to the individual or group of individuals that it targeted.

  5. The defendant knew or should have known that the threat would be perceived as a serious threat by the individual or group of individuals who received it.

If the prosecution can prove each of these elements beyond a reasonable doubt, then they may be able to secure a conviction for written threats. However, a skilled criminal defense attorney can challenge the prosecution's case by attacking the evidence or arguing that one or more of the elements have not been proven.

Penalties for Written Threats Offenses

In Florida, a written threats offense is classified as a second-degree felony. If convicted, an individual can face severe penalties, including:

1. Up to 15 years in prison
2. Up to 15 years of probation
3. A fine of up to $10,000

These penalties can be significantly impacted by the individual's criminal history, the severity of the threat, and whether any other crimes were committed in connection with the offense. In some cases, individuals may be subject to enhanced penalties if they are considered habitual offenders or if they have previous convictions for similar offenses.

Examples of Written Threats

Example 1: Social Media Post

An individual posts a message on a public social media platform targeting a specific person, stating, "I know where you live, and I'm going to make sure you don't see another day. You better watch your back because I'm coming for you and your family."

Example 2: Email Threat

An anonymous person sends an email to the principal of a school, stating, "I can't stand the way things are run at your school, and I've had enough. I'm going to come to the school with a weapon and make sure everyone suffers for your incompetence."

Example 3: Handwritten Letter

A disgruntled employee writes and leaves a letter on their coworker's desk that reads, "You think you're so clever, always getting ahead of everyone else. Well, I've been watching you, and I'll make sure you pay for your actions. You won't know when or where, but I'll make you regret everything."

Defenses for Written Threats Offenses

Although written threats offenses can carry severe penalties, there are several potential defenses that can be raised in response to the charges. Some of the most common defenses include:

1. First Amendment protection: The defense may argue that the communication in question is protected by the First Amendment's guarantee of free speech. This defense is more likely to be successful if the threat can be construed as political or artistic expression, rather than a genuine intent to cause harm.

2. Lack of intent: The defense may assert that the defendant did not have the requisite intent to threaten the alleged victim. In other words, the defendant must have intended to communicate a genuine threat, rather than a joke or a statement made in anger that was not meant to be taken seriously.

3. Mistaken identity: If the defendant can show that they were not the person who wrote or sent the threatening communication, they may be able to avoid conviction. This defense may involve presenting evidence such as alibi witnesses, electronic records, or other proof that the defendant was not responsible for the threat.

4. Insufficient evidence: The defense may argue that the prosecution has not presented enough evidence to prove beyond a reasonable doubt that the defendant committed the offense. This could involve challenging the credibility of witnesses, disputing the authenticity of the threatening communication, or presenting alternative explanations for the evidence.

Recent Legislative Changes in Florida Concerning Written Threat Offenses

As mentioned earlier, the Florida legislature amended the state's written threats statute in 2021 to remove the requirement that the written threat be sent directly to the target of the threat. This change was prompted by concerns that the previous language of the statute did not adequately address the reality of modern communication methods, which often involve sharing threatening messages on public platforms rather than sending them directly to the intended victim.

The amendment reflects a growing awareness among lawmakers of the need to adapt criminal statutes to the evolving nature of electronic communication. By broadening the scope of the offense, the revised statute aims to better protect potential victims from the harmful effects of written threats, regardless of whether they are the direct recipients of the threatening messages.

This legislative change also serves as a warning to individuals who might consider using electronic means to communicate threats. The removal of the direct communication requirement means that law enforcement and prosecutors now have more tools at their disposal to pursue and convict those who make written threats against others.

Implications and Public Response to Florida's Written Threats Statute Amendment

The amendment to Florida's written threats statute has garnered both support and criticism. Proponents argue that the change was necessary to address the evolving nature of electronic communication and protect potential victims from the harmful consequences of written threats. They contend that this expanded scope will deter individuals from making threatening statements online and make it easier for law enforcement to investigate and prosecute such offenses.

However, critics argue that the revised statute could infringe upon First Amendment rights by criminalizing certain forms of protected speech. They worry that the broadened definition of a written threats offense could lead to the prosecution of individuals who are engaging in political, artistic, or satirical expression that might be perceived as threatening but is not intended to cause harm.

The 2021 amendment to Florida's written threats statute reflects the evolving nature of communication in the digital age and the need for criminal laws to adapt accordingly. By removing the requirement that the threat be sent directly to the target, the revised statute aims to better protect individuals from the harmful effects of written threats and provide law enforcement with more tools to address this growing issue.

However, the broader scope of the offense has also raised concerns about potential infringement upon First Amendment rights. As with any criminal statute, striking a balance between protecting public safety and preserving individual liberties is essential. While the recent legislative changes in Florida represent a step toward addressing the challenges posed by electronic communication, ongoing dialogue and careful consideration of the implications of such changes are necessary to ensure the rights of all individuals are protected.

Why You Need a Criminal Defense Attorney for Felony Written Threat Criminal Charges in Florida 

If you have been charged with a felony written threat in Florida, it is important to seek the help of a criminal defense attorney. Here are some reasons why:

1. Understanding of the law: A criminal defense attorney will have a thorough understanding of the law and legal procedures related to felony written threat charges. They can explain your charges, potential consequences, and available defenses.
2. Protection of your rights: Your attorney will protect your rights throughout the legal process. They will ensure that you are not being coerced or pressured into making any statements that may harm your case.
3. Gathering evidence: Your attorney can gather evidence that may support your defense and challenge the prosecution's case against you. They can also use their knowledge of the law to file motions to suppress evidence or dismiss charges if necessary.
4. Negotiating plea deals: If a plea deal is in your best interest, your attorney can negotiate with the prosecution to secure a favorable outcome for you.
5. Representing you in court: If your case goes to trial, your attorney can represent you in court and present your case to a judge and jury. They will use their knowledge of the law and trial strategies to present a strong defense and fight for your rights.

Overall, a criminal defense attorney can be an invaluable asset when facing felony written threat charges in Florida. They can protect your rights, gather evidence, negotiate plea deals, and represent you in court.

Free Consultations Offered 24/7, 365 Days a Year! Call 1-888-484-5057.

If you or a loved one is facing felony written threat charges in Florida, don't wait. Contact Musca Law, P.A. today at 1-888-484-5057 to schedule a free consultation with an experienced criminal defense attorney. Our team is dedicated to protecting your rights and fighting for your freedom. With our knowledge of the law and aggressive representation, we will work tirelessly to secure the best possible outcome for your case. Don't wait, call Musca Law, P.A. now at 1-888-484-5057.