Eleanor Finch
Florida has strict laws against threatening public officials, with separate statutes and penalties for threatening a public official or their family members. Florida Statute Section 836.12 prohibits threatening public officials, including law enforcement officers, state attorneys, firefighters, judges, and elected officials, with death or serious bodily harm. A first offense is considered a first-degree misdemeanor, while a second offense is a third-degree felony. Threats can be made verbally, in writing, or electronically, and are taken very seriously by law enforcement, with potential penalties including fines and prison sentences. Florida Statute Section 836.10 specifically addresses written threats, which are classified as second-degree felonies, and providers of interactive computer services are generally exempt from liability. Understanding the legal definitions and consequences of these threats is crucial, as they can result in significant legal repercussions.
| Characteristics | Values |
|---|---|
| Type of threat | Verbal, written, or electronic |
| Nature of threat | Threat to kill or do bodily harm, including threats to conduct a mass shooting or act of terrorism |
| Target of threat | Public official or their family |
| Applicable statutes | Florida Statutes Section 836.12, Section 836.05, Section 836.10 |
| Offense | First-degree misdemeanor for the first offense, third-degree felony for the second offense |
| Punishment | Up to 12 months in jail or probation and a $1,000 fine for the first offense; up to 5 years in prison for the second offense |
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What You'll Learn
Florida Statute Section 836.12
The violation of Florida Statute Section 836.12 is considered a first-degree misdemeanor for the first offense, punishable by up to 12 months in jail or probation and a $1,000 fine. However, a second offense is treated as a third-degree felony, with penalties of up to five years in prison.
To secure a conviction under this statute, the prosecution must prove three elements beyond a reasonable doubt. Firstly, they must establish that the defendant threatened to kill or cause serious bodily harm to the alleged victim. Secondly, it must be proven that the alleged victim was, indeed, a public official or a family member of a public official. Lastly, the prosecution must demonstrate that the defendant was aware that the alleged victim belonged to one of the protected categories.
The standard jury instructions for crimes charged under Section 836.12 were first adopted in 2017 and have since been amended multiple times, with the latest changes occurring in 2022. These instructions provide guidance to juries in their deliberations on cases involving threats to public officials or their family members.
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Threats to public officials and their families
A first offense is considered a first-degree misdemeanor, punishable by up to 12 months in jail or probation and a $1,000 fine. A second offense is punishable as a third-degree felony, with up to five years in prison. The prosecution of these crimes is often politically charged and attracts media attention.
Florida Statute Section 836.10, which deals with written threats, also applies to threats made against public officials and their families. It is unlawful for any person to send, post, or transmit a written or electronic communication containing a threat to kill or harm another person, including threats to conduct a mass shooting or act of terrorism. This includes communications made via social media, email, or text message. These offenses are considered second-degree felonies, punishable by up to 15 years in prison and a fine of up to $10,000.
Additionally, Florida Statute Section 836.05 covers threats to kill or do bodily injury, which can be made verbally, in writing, or electronically. Violation of this statute is also a second-degree felony. It is important to note that the mode of communication does not exempt a threat from being considered a criminal offense under Florida law.
Federal law also has its own statutes and penalties for threatening public officials, and these can include prison sentences and fines.
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Written threats
In Florida, written threats are classified as a second-degree felony, carrying penalties of up to 15 years in prison and a fine of up to $10,000. Even first-time offenders may face jail time or rigorous probationary sentences. The state takes these threats very seriously, as they are designed to protect the public from harm and deter individuals from making threats that could lead to violence.
Florida Statute Section 836.10 defines a written threat as the sending, posting, or transmission of a written or electronic communication that contains a threat to kill or harm another person. This includes social media posts, emails, text messages, as well as written letters. The law also specifies that providers of interactive computer services, communications services, and information services are exempt from liability if they are simply transmitting or storing electronic communications containing threats made by others.
To constitute a written threat, the communication must be sufficient to cause alarm in reasonable persons and be made with the intention to inflict evil, injury, or damage. The defendant must have intended the threat to be a true threat, and it must be communicated in such a way that the defendant knows it will be viewed as a threat.
In the context of threatening public officials, Florida Statute Section 836.12 specifically prohibits threatening a public official or their family with death or serious bodily harm. This includes threats made to law enforcement officers, state attorneys, judges, elected officials, and their family members. A first offense is considered a first-degree misdemeanor, punishable by up to 12 months in jail or probation and a $1,000 fine. A second offense is a third-degree felony, with potential penalties of up to 5 years in prison.
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Verbal threats
In Florida, verbal threats are taken very seriously, and the state has implemented various statutes and laws to address and punish those who make threats of violence or harm. Florida Statute Section 836.12 prohibits anyone from threatening public officials or their families with death or serious bodily harm. This includes law enforcement officers, state attorneys, assistant state attorneys, firefighters, judges, justices, judicial assistants, court clerks, elected officials, and their family members.
Florida Statute Section 836.05 covers threats to kill or do bodily injury, and it applies to threats made verbally, in writing, or by electronic communication. A violation of this statute is considered a second-degree felony in Florida, punishable by up to 15 years in prison and a fine of up to $10,000.
It is important to note that even a first offense of threatening a public official with death or serious bodily harm is a first-degree misdemeanor, punishable by up to 12 months in jail or probation and a $1,000 fine. A second offense is considered a third-degree felony, punishable by up to five years in prison.
The consequences of making verbal threats against public officials can be severe, and prosecutors treat these crimes very seriously. It is crucial to understand the statutes, offenses, and potential punishments to avoid jeopardizing your future. If you find yourself in such a situation, seeking legal counsel from experienced attorneys is highly recommended.
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Penalties and defences
Florida Statute Section 836.12 prohibits threatening public officials or their families with death or serious bodily harm. A first offence is a first-degree misdemeanour, punishable by up to 12 months in jail or probation and a $1,000 fine. A second offence is considered a third-degree felony, punishable by up to 5 years in prison.
Florida Statute Section 836.10 covers written threats to public officials. Written threats are classified as a second-degree felony, with penalties of up to 15 years in prison. Florida law defines written threats as the sending, posting, or transmission of a written or electronic communication containing a threat to kill or harm another person, under circumstances where the communication can be viewed by others. This includes threats made via social media, text messages, emails, and other electronic records.
Florida Statute Section 836.05 covers verbal threats to public officials. A violation of this statute is a second-degree felony in Florida, punishable by up to 15 years in prison and a fine of up to $10,000.
It is important to note that the prosecution of threats made against public officials can be politically charged and may garner media attention. Defendants should seek legal counsel to understand the complexities of Florida's criminal threat laws and build a strong defence.
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