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: Fla. Dist. Ct. App. | Date Filed: 2020-10-07T00:53:00-07:00

Snippet: “false report” under section 790.163(1). Although section 790.163(1) uses the word “report” as a… report” under section 790.163(1). However, the fact that section 790.163(1) is inapplicable here…section 790.163(1) instead of section 838.021 is a mystery to me. But because section 790.163(1) is inapplicable…appellant with a second degree felony under section 790.163(1), Florida Statutes (2019), which reads, in pertinent…court found appellant guilty of violating section 790.163(1), adjudicated him delinquent and committed him

L. C. v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-11-05T23:53:00-08:00

Snippet: the use of a firearm in a violent manner. See § 790.163(1), Fla. Stat. (2018). He argues that the trial… 740, 747 (Fla. 2010). Section 790.163(1) provides the following: It is…mislead, or otherwise misinform any person." § 790.163(3). Courts must afford statutory…2d 103, 103 (Fla. 5th DCA 2008) ("Section 790.163(1) . . . is therefore violated when a person knowingly… in a violent manner. Compare § 790.162 with § 790.163. When the legislature has included a provision

STATE OF FLORIDA v. CASEY HANSEN

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-22T00:53:00-07:00

Snippet: defined in s. 790.166[.]” § 790.163(1), Fla. Stat. (2015). Section 790.163(2) provides as follows: …application of section 790.163(2) does not preclude the conclusion that 790.163(2) plainly prohibits the…. In opposition, the State argued that section 790.163, Florida Statutes, which criminalizes false reporting…reporting of a bomb threat in violation of section 790.163, Florida Statutes (2015). The State maintains, …to withhold adjudication of guilt where section 790.163(2) expressly prohibits withholding of adjudication

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

Court: Fla. | Date Filed: 2017-04-13T00:53:00-07:00

Snippet: statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156,…instructions 10.9 and 10.10, consistent with sections 790.163(3) and 790.164(3), respectively, and upon review…MANNER AGAINST A PERSON] § 790.163(1), Fla._Stat. To prove the crime of (crime…misinform (person alleged) any person. § 790.163(3), Fla. Stat. Proof that a person knowingly…INS. NO. NoneFalse report 790.163(1) 10.9 concerning the placing or planting of

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

Court: Fla. | Date Filed: 2017-02-09T00:00:00-08:00

Citation: 217 So. 3d 965

Snippet: statutory definition of the crime, in section 790.163(1), Florida Statutes (2016), see ch. 2016-156, …instructions 10.9 and 10.10, consistent with sections 790.163(3) and 790.164(3), respectively, and upon review…FIREARMS IN A VIOLENT MANNER AGAINST A PERSON] § 790.163(1), Fla._Stat. To prove the crime of (-crim…misinform (person—alleged-)—any person. § 790.163(3), Fla. Stat. *969 Proof that

State v. Valerie F. Platt

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-04T00:00:00-07:00

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…on remand, we direct the trial court to section 790.163(2), Florida Statutes (2015), "False Report

JL v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-17T00:53:00-07:00

Citation: 993 So. 2d 103

Snippet: the placement of a bomb in violation of section 790.163(1), Florida Statutes (2007). He contends that the… support a finding of guilt. We agree. Section 790.163(1) provides: It is unlawful for any person to make

J.L. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-17T00:00:00-07:00

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

AFE v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-30T00:53:00-07:00

Citation: 853 So. 2d 1091

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

A.F.E. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-30T00:00:00-07:00

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

CCB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:53:00-07:00

Citation: 828 So. 2d 429

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

C.C.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:00:00-07:00

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

DB v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-13T00:53:00-07:00

Citation: 825 So. 2d 1042

Snippet: predicated upon an alleged violation of section 790.163, Florida Statutes. Concluding that the appellant… by which his probations were revoked. Section 790.163 provides: It is unlawful for any person to make

D.B. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-13T00:00:00-07:00

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

Standard Jury Instructions

Court: Fla. | Date Filed: 1998-07-16T00:53:00-07:00

Citation: 723 So. 2d 123

Snippet: discharge any destructive device 790.163 False reports of None …other violence - 790.163 to property

Britt v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-06T23:53:00-08:00

Citation: 687 So. 2d 930

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

State v. Cordia

Court: Fla. Dist. Ct. App. | Date Filed: 1990-07-27T00:53:00-07:00

Citation: 564 So. 2d 601

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: Fla. Dist. Ct. App. | Date Filed: 1962-03-23T00:00:00-08:00

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…every reasonable hypothesis except his guilt. Sec. 790.163, Fla.Stat., F.S.A., was enacted into law by the… appeal has cited us a case decided under Sec. 790.163, supra, and our independent research has likewise