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Florida Statute 790.165 | Lawyer Caselaw & Research
F.S. 790.165 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.165

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
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.

F.S. 790.165 on Google Scholar

F.S. 790.165 on Casetext

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 from cite.case.law:

D. P. a v. STATE, 705 So. 2d 593 (Fla. Dist. Ct. App. 1997)

. . . the case of In re T.C., the Fourth District was confronted with a constitutional challenge to section 790.165 . . .

BRITT, v. STATE, 687 So. 2d 930 (Fla. Dist. Ct. App. 1997)

. . . . § 790.165(2), Fla. Stat. (1995). . § 790.163, Fla. Stat. (1995). . § 790.164, Fla. . . .

WAITE, v. CITY OF FORT LAUDERDALE,, 681 So. 2d 901 (Fla. Dist. Ct. App. 1996)

. . . See §§ 112.3173(2)(a), 327.36(1), 775.087(3)(a), 784.07(2), 784.08(3), 790.165(3), 893.135(3), 893.20 . . .

SMITH, v. STATE, 654 So. 2d 264 (Fla. Dist. Ct. App. 1995)

. . . the statute in effect at the time of Smith’s offense that prohibited planting a hoax bomb, section 790.165 . . . hoax bomb to reflect that a minimum mandatory sentence of three years is imposed pursuant to section 790.165 . . .

H. L. a v. STATE, 641 So. 2d 522 (Fla. Dist. Ct. App. 1994)

. . . to support the finding that the juvenile was in possession of a “hoax bomb,” in violation of section 790.165 . . .

SYM, v. STATE, 608 So. 2d 837 (Fla. Dist. Ct. App. 1992)

. . . See § 790.165, Fla.Stat. (1991). Accordingly, we affirm. White v. . . .

In T. C. a, 573 So. 2d 121 (Fla. Dist. Ct. App. 1991)

. . . This appeal from a violation of section 790.165(1), Florida Statutes (1980) titled “Planting of a ‘Hoax . . . Appellant, a minor, was arrested for violating section 790.165(1), Florida Statutes (1980) after an officer . . . Section 790.165(1) & (2), Florida Statutes provides: (1) For the purposes of this section, “hoax bomb . . .