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Florida Statute 790.161 | Lawyer Caselaw & Research
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F.S. 790.161 Case Law from Google Scholar Google Search for Amendments to 790.161

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.161
790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:
(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.
(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.
(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.
(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
History.s. 1, ch. 59-29; s. 6, ch. 69-306; s. 1, ch. 70-85; s. 747, ch. 71-136; s. 6, ch. 72-724; s. 2, ch. 76-38; s. 44, ch. 88-381; s. 3, ch. 90-124; s. 3, ch. 90-176; s. 19, ch. 93-406; s. 2, ch. 94-228; s. 3, ch. 98-3.

F.S. 790.161 on Google Scholar

F.S. 790.161 on Casetext

Amendments to 790.161


Arrestable Offenses / Crimes under Fla. Stat. 790.161
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.161 1 - EXPLOSIVES-USING - THROW PROJECT ETC ATTEMPT DESTRUCTIVE DEVICE - F: T
S790.161 1 - EXPLOSIVES-POSSESSING - MAKE OR ATTEMPT TO MAKE DESTRUCTIVE DEVICE - F: T
S790.161 2 - EXPLOSIVES-USING - PROJECT ETC ATT DESTRUCT DVC WIT BODILY HARM - F: S
S790.161 2 - EXPLOSIVES-POSSESSING - MAKE OR ATT DESTRUCT DVC WIT CAUSE BODILY HARM - F: S
S790.161 3 - EXPLOSIVES-USING - THROW ETC DESTRUCT DVC BODILY HARM PROP DMG - F: F
S790.161 3 - EXPLOSIVES-POSSESSING - MAKE ATT DESTRUCTIVE DVC WIT HARM OR DMG PROP - F: F
S790.161 4 - EXPLOSIVES-USING - THROW ETC ATT DESTRUCT DEVICE RESULT IN DEATH - F: C
S790.161 4 - EXPLOSIVES-POSSESSING - MAKE ATTEMPT DESTRUCTIVE DVC RESULT IN DEATH - F: C



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