Florida Statutes

Fla. Stat. § 790.162 (2025)

Threat to throw, project, place, or discharge any destructive device, felony; penalty.

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790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty.—It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 59-29; s. 7, ch. 69-306; s. 748, ch. 71-136; s. 45, ch. 88-381; s. 4, ch. 90-124; s. 4, ch. 90-176.

Arrestable Offenses under F.S. 790.162

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§790.162THREAT TO BOMBTHREATEN DISCHARGE DESTRUCTIVE DEVICEF · 2nd

Notes of Decisions

Cited in 15 cases, 1977–2019 · leading case: In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989).

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In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). · cites it 3× “Section 790.162, Florida Statutes, was amended by Chapter 88-381, § 45, Laws of Florida.”

Valdes v. State, 443 So. 2d 221 (Fla. 1st DCA 1983). · cites it 7× “Valdes was convicted for attempted unarmed robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162, Florida Statutes (1981).”

Reid v. State, 405 So. 2d 500 (Fla. 2d DCA 1981). · cites it 5× “This case involves the construction of section 790.162, Florida Statutes (1979).”

United States v. Charlie Warren Pendleton, 665 F. App'x 836 (11th Cir. 2016). · cites it 2× “Pendleton argues that his conviction for threat to discharge a destructive device, in violation of Fla. Stat. § 790.162 , does not qualify as a violent felony under the ACCA.”

Valdes v. State, 443 So. 2d 223 (Fla. 1st DCA 1983). · cites it 4× “Valdes was convicted for unarmed robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162, Florida Statutes (1981).”

Perez v. Florida, 137 S. Ct. 853 (2017). “" Fla. Stat. § 790.162 (2007). The trial court instructed the jury that they could return a guilty verdict if the State proved two elements.”

Lanier v. State, 983 So. 2d 658 (Fla. 3d DCA 2008). · cites it 2× “[2] In lower tribunal case number 07-18004, Lanier was charged with threatening to throw a destructive devicea bombin violation of section 790.162, Florida Statutes (2007), possession of cocaine, in violation of section 893.”

Dragani v. State, 759 So. 2d 745 (Fla. 5th DCA 2000). · cites it 2× “[2] § 790.162, Fla. Stat. (1997). [3] § 782.082(8), Fla.”

Smith v. State, 344 So. 2d 905 (Fla. 3d DCA 1977). · cites it 2× “By information the defendant was charged with threatening to throw, place or discharge a destructive device (bomb) at said location, with intent to do bodily harm to the Zembas or with intent to damage the property, in violation of Section 790.162 Florida Statutes 1975. In a…”

Spellman v. State, 529 So. 2d 305 (Fla. 1st DCA 1988). · cites it 2× “NOTES [1] The purpose of the enhancement statute must, therefore, be distinguished from the purpose of other substantive criminal statutes that explicitly prohibit a threat to "throw, place, or discharge any destructive device with intent to do bodily harm," § 790.162, Fla.…”

Brown v. State, 587 So. 2d 563 (Fla. 1st DCA 1991). “-13(2), and threatening to throw, place or discharge any destructive device, contrary to section 790.162. As noted, the trial court departed from the guidelines range in sentencing the appellant.”

In Re: Stand. Jury Instructions in Crim. Cases - Report 2017-04 (Fla. 2017). · cites it 3× “8 is amended to make clear that the offense as charged under section 790.162, Florida Statutes (2017) (Threat to throw, project, place, or discharge any destructive device, felony; penalty), requires that the threat convey an intent to do bodily harm or property damage, not…”

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