Florida Statute 790.163 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.163

790.163 False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner; penalty.—

(1) It is unlawful for any person to make a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166, or concerning the use of firearms in a violent manner against a person or persons. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Notwithstanding any other law, adjudication of guilt or imposition of sentence for a violation of this section may not be suspended, deferred, or withheld. However, the state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators, or principals.

(3) Proof that a person accused of violating this section knowingly made a false report is prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise misinform any person.

(4) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

History.—s. 3, ch. 59-29; s. 749, ch. 71-136; s. 1, ch. 2002-28; s. 1, ch. 2016-156.

F.S. 790.163 on Google Scholar

F.S. 790.163 on Casetext

Amendments to 790.163

Arrestable Offenses / Crimes under Fla. Stat. 790.163

Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.163 - THREAT TO BOMB - REMOVED - F: S

S790.163 1 - THREAT TO BOMB - FALSE REPORT BOMB EXPLOSIVE WPN MASS DEST - F: S

S790.163 1 - FRAUD - FALSE REPORT USE FIREARMS IN A VIOLENT MANNER - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 790.163

Total Results: 18

J.B., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-10-07

Snippet: appellant with a second degree felony under section 790.163(1), Florida Statutes (2019), which reads, in pertinent

L. C. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-11-06

Snippet: the use of a firearm in a violent manner. See § 790.163(1), Fla. Stat. (2018). He argues that the trial

STATE OF FLORIDA v. CASEY HANSEN

Court: District Court of Appeal of Florida | Date Filed: 2019-05-22

Citation: 273 So. 3d 35

Snippet: In opposition, the State argued that section 790.163, Florida Statutes, which criminalizes false reporting

In Re: Standard Jury Instructions in Criminal Cases - Report 2016-06 – Corrected Opinion

Court: Supreme Court of Florida | Date Filed: 2017-04-13

Snippet: statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156

In Re: Standard Jury Instructions in Criminal Cases—report 2016-06

Court: Supreme Court of Florida | Date Filed: 2017-02-09

Citation: 217 So. 3d 965

Snippet: statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156,

State v. Valerie F. Platt

Court: District Court of Appeal of Florida | Date Filed: 2016-11-04

Citation: 203 So. 3d 194, 2016 Fla. App. LEXIS 16566

Snippet: false report of a bomb in violation of section 790.163, Florida Statutes (2015), a second-degree felony

J.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-17

Citation: 993 So. 2d 103, 2008 Fla. App. LEXIS 16099

Snippet: the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that the

JL v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-10-17

Citation: 993 So. 2d 103, 2008 WL 4600987

Snippet: the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that the

A.F.E. v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

Citation: 853 So. 2d 1091, 2003 Fla. App. LEXIS 11424

Snippet: with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the making

AFE v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-30

Citation: 853 So. 2d 1091, 2003 WL 21749053

Snippet: with being a delinquent for violating section 790.163, Florida Statutes (2001), which forbids the making

C.C.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-10-09

Citation: 828 So. 2d 429, 2002 Fla. App. LEXIS 14550

Snippet: REMANDED. BROWNING and POLSTON, JJ., concur. . See § 790.163 Fla. Stat. (2001). . While appellant failed to

CCB v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-10-09

Citation: 828 So. 2d 429

Snippet: BROWNING and POLSTON, JJ., concur. NOTES [1] See § 790.163 Fla. Stat. (2001). [2] While appellant failed

D.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-09-13

Citation: 825 So. 2d 1042, 2002 Fla. App. LEXIS 13273

Snippet: predicated upon an alleged violation of section 790.163, Florida Statutes. Concluding that the appellant’s

DB v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-09-13

Citation: 825 So. 2d 1042, 2002 WL 31039470

Snippet: predicated upon an alleged violation of section 790.163, Florida Statutes. Concluding that the appellant's

Standard Jury Instructions

Court: Supreme Court of Florida | Date Filed: 1998-07-16

Citation: 723 So. 2d 123

Snippet: discharge any destructive device 790.163 False reports of None

Britt v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-02-07

Citation: 687 So. 2d 930, 1997 WL 47636

Snippet: NOTES [1] § 790.165(2), Fla. Stat. (1995). [2] § 790.163, Fla. Stat. (1995). [3] § 790.164, Fla. Stat.

State v. Cordia

Court: District Court of Appeal of Florida | Date Filed: 1990-07-27

Citation: 564 So. 2d 601, 1990 WL 105518

Snippet: charged with making a false report of a bomb. § 790.163, Fla. Stat. (1989). At the time of his arrest,

Grizzard v. State

Court: District Court of Appeal of Florida | Date Filed: 1962-03-23

Citation: 139 So. 2d 161, 93 A.L.R. 2d 300, 1962 Fla. App. LEXIS 3464

Snippet: bomb report contrary to the provisions of Sec. 790.163, Fla.Stat.1959, F.S.A. Appellant was adjudged guilty