Florida Statutes

Fla. Stat. § 790.165 (2025)

Planting of “hoax bomb” prohibited; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 790.165

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

§790.165(2)THREAT TO BOMBMFG POSSESS SELL DELIVER OR MAIL HOAX BOMBF · 2nd

§790.165(3)THREAT TO BOMBDURING FELONY POSSESS DISPLAY HOAX BOMBF · 2nd

Notes of Decisions

Cited in 10 cases, 1991–2009 · leading case: Ahmad v. State, 295 S.W.3d 731 (Tex. App. 2009).

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Ahmad v. State, 295 S.W.3d 731 (Tex. App. 2009). “” Fla. Stat. Ann. § 790.165 (1) (West 2008); N.”

In Interest of TC, 573 So. 2d 121 (Fla. 4th DCA 1991). · cites it 5× “This appeal from a violation of section 790.165(1), Florida Statutes (1980) titled "Planting of a `Hoax Bomb' Prohibited" challenges both the sufficiency of the evidence to support the conviction for possession and the constitutionality of the statute itself.”

Britt v. State, 687 So. 2d 930 (Fla. 5th DCA 1997). · cites it 2× “NOTES [1] § 790.165(2), Fla. Stat. (1995). [2] § 790.”

D.P. v. State, 705 So. 2d 593 (Fla. 3d DCA 1997). · cites it 2× “, the Fourth District was confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for any person to manufacture, possess, sell or deliver a hoax bomb or to mail or send a hoax bomb to another person.”

Smith v. State, 654 So. 2d 264 (Fla. 2d DCA 1995). · cites it 4× “However, the statute in effect at the time of Smith’s offense that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year minimum term of imprisonment for violating subsection (3) of the statute.”

DP v. State, 705 So. 2d 593 (Fla. 3d DCA 1997). · cites it 2× “, the Fourth District was confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for any person to manufacture, possess, sell or deliver a hoax bomb or to mail or send a hoax bomb to another person.”

Sym v. State, 608 So. 2d 837 (Fla. 3d DCA 1992). · cites it 2× “” See § 790.165, Fla.Stat. (1991). Accordingly, we affirm.”

H.L. v. State, 641 So. 2d 522 (Fla. 3d DCA 1994). · cites it 2× “Contrary to the suggested point, the evidence was sufficient to support the finding that the juvenile was in possession of a “hoax bomb,” in violation of section 790.165, Florida Statutes (1993).”

Janet Kay Ahmad v. State (Tex. App. 2009). “” Fla. Stat. Ann. § 790.165 (1) (West 2008) ; N.”

Janet Kay Ahmad v. State (Tex. App. 2009). “” Fla. Stat. Ann. § 790.165 (1) (West 2008); N.”

— 790.165(1) — 3 cases

In Interest of TC, 573 So. 2d 121 (Fla. 4th DCA 1991). “This appeal from a violation of section 790.165(1), Florida Statutes (1980) titled "Planting of a `Hoax Bomb' Prohibited" challenges both the sufficiency of the evidence to support the conviction for possession and the constitutionality of the statute itself.”

D.P. v. State, 705 So. 2d 593 (Fla. 3d DCA 1997). “, the Fourth District was confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for any person to manufacture, possess, sell or deliver a hoax bomb or to mail or send a hoax bomb to another person.”

DP v. State, 705 So. 2d 593 (Fla. 3d DCA 1997). “, the Fourth District was confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for any person to manufacture, possess, sell or deliver a hoax bomb or to mail or send a hoax bomb to another person.”

— 790.165(2) — 1 case

Britt v. State, 687 So. 2d 930 (Fla. 5th DCA 1997). “NOTES [1] § 790.165(2), Fla. Stat. (1995). [2] § 790.”

— 790.165(3) — 1 case

Smith v. State, 654 So. 2d 264 (Fla. 2d DCA 1995). “However, the statute in effect at the time of Smith’s offense that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year minimum term of imprisonment for violating subsection (3) of the statute.”

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