Florida Statute 790.165 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.165

790.165 Planting of “hoax bomb” prohibited; penalties.—

(1) For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented.

(2) Any person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other law, adjudication of guilt or imposition of sentence 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.

(4) Subsection (2) does not apply to any law enforcement officer, firefighter, person, or corporation licensed pursuant to chapter 493, or member of the armed forces of the United States while engaged in training or other lawful activity within the scope of his or her employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas, or to any member of a theatrical company or production using a hoax bomb as property during the course of a rehearsal or performance.

(5) 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. 39, ch. 87-243; s. 5, ch. 90-124; s. 5, ch. 90-176; s. 20, ch. 93-406; s. 1215, ch. 97-102; s. 3, ch. 2002-28.

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Amendments to 790.165

Arrestable Offenses / Crimes under Fla. Stat. 790.165

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

S790.165 2 - THREAT TO BOMB - MFG POSSESS SELL DELIVER OR MAIL HOAX BOMB - F: S

S790.165 3 - THREAT TO BOMB - DURING FELONY POSSESS DISPLAY HOAX BOMB - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 790.165

Total Results: 8

D.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 705 So. 2d 593, 1997 Fla. App. LEXIS 13883

Snippet: confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for

DP v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 705 So. 2d 593, 1997 WL 757217

Snippet: confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for

Britt v. State

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

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

Snippet: GRIFFIN, J., concurs in result. NOTES [1] § 790.165(2), Fla. Stat. (1995). [2] § 790.163, Fla. Stat

Waite v. City of Fort Lauderdale

Court: District Court of Appeal of Florida | Date Filed: 1996-10-23

Citation: 681 So. 2d 901, 1996 Fla. App. LEXIS 11110, 1996 WL 603787

Snippet: 327.36(1), 775.087(3)(a), 784.07(2), 784.08(3), 790.165(3), 893.135(3), 893.20(3), Fla. Stat. (1995). Had

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-04-28

Citation: 654 So. 2d 264, 1995 Fla. App. LEXIS 4490, 1995 WL 245977

Snippet: that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year

H.L. v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-08-31

Citation: 641 So. 2d 522, 1994 Fla. App. LEXIS 8557, 1994 WL 466380

Snippet: possession of a “hoax bomb,” in violation of section 790.165, Florida Statutes (1993). Affirmed.

Sym v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-09-22

Citation: 608 So. 2d 837, 1992 Fla. App. LEXIS 10018, 1992 WL 235277

Snippet: appeared to police to be a “hoax bomb.” See § 790.165, Fla.Stat. (1991). Accordingly, we affirm. White

In Interest of TC

Court: District Court of Appeal of Florida | Date Filed: 1991-01-09

Citation: 573 So. 2d 121, 1991 Fla. App. LEXIS 88, 1991 WL 696

Snippet: Judge. This appeal from a violation of section 790.165(1), Florida Statutes (1980) titled "Planting of