Written Threats to Kill or Injure in Florida
The crime of Written Threats to Kill or Injure is a Second Degree Felony.
Once a rarely prosecuted offense, making Written Threats to Kill or Injure has become an increasingly commonly charged crime due to the ubiquitous and instantaneous nature of social media and electronic communications.
In Florida, “written” threats encompass more than just traditional pen and paper communications and include any form of electronic communication; such as social media posts, messaging apps, and emails.
Definition of Written Threats to Kill or Injure
Under Florida Statute 836.10, the crime of Written Threats to Kill or Injure is committed when a person makes any written or electronic threat to:
- kill or to do bodily injury to another person; or
- conduct a mass shooting or an act of terrorism.
Indirect Communication of Threat
In 2021, the Florida legislature removed the requirement the written threat be sent directly to the target of the threat. Now, it is unlawful to make a written or electronic threat to injure or kill another person regardless of whether the person directly received or saw the threat.
What Constitutes a Threat
A threat is defined as an expression of intention to inflict evil, injury, or damage to another that is sufficient to cause alarm in a reasonable person. [1]
Penalties for Written Threats to Kill or Injure
The crime of Written Threats to Kill or Injure is a Second Degree Felony in Florida and punishable by up to fifteen (15) years in prison, fifteen (15) years of probation, and $10,000 in fines.
Written Threats to Kill or Injure is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Written Threats to Kill or Injure to probation, but may also sentence the person up to the statutory maximum of fifteen years in prison.
Defenses to Written Threats to Kill or Injure
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Written Threats to Kill or Injure includes:
First Amendment Activity
It is a defense to the crime of Written Threats to Kill or Injure if the written communications are determined to be constitutionally protected speech, such as hyperbole, comments made in jest, or political in nature, as opposed to true threats to harm someone. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Written Threats to Kill or Injure in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.