Florida Statute 790.19 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 790
WEAPONS AND FIREARMS

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F.S. 790.19

790.19 Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles.—Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or hurls or projects a stone or other hard substance which would produce death or great bodily harm, at, within, or in any public or private building, occupied or unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable railway car, street railway car, monorail car, or vehicle of any kind which is being used or occupied by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this state, or aircraft flying through the airspace of this state shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 2, ch. 3281, 1881; RS 2696; ss. 1, 2, ch. 4987, 1901; ss. 1, 2, ch. 4988, 1901; GS 3628; RGS 5560; CGL 7746; s. 1, ch. 59-458; s. 752, ch. 71-136; s. 1, ch. 74-67.

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Amendments to 790.19

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 790.19

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

S790.19 - WEAPON OFFENSE - MISSILE INTO DWELLING VEH BUILDING OR AIRCRAFT - F: S

Cases Citing Statute 790.19

Total Results: 159

Carawan v. State

515 So. 2d 161, 12 Fla. L. Weekly 445

Supreme Court of Florida | Filed: Sep 3, 1987 | Docket: 1749204

Cited 261 times | Published

using a shotgun which caused bodily harm. [4] § 790.19, Fla. Stat. (1985).

State v. Hearns

961 So. 2d 211, 2007 WL 1215452

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 468645

Cited 137 times | Published

into a building, whether occupied or unoccupied (§ 790.19, Fla.Stat.(1997)), does not, by definition, involve

Valdes v. State

3 So. 3d 1067, 34 Fla. L. Weekly Supp. 116, 2009 Fla. LEXIS 148, 2009 WL 217976

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 175046

Cited 130 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003), arising from the

Jolly v. State

392 So. 2d 54

District Court of Appeal of Florida | Filed: Jan 7, 1981 | Docket: 1268252

Cited 56 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes, a second degree felony punishable

Martin v. State

243 So. 2d 189

District Court of Appeal of Florida | Filed: Jan 15, 1971 | Docket: 539988

Cited 34 times | Published

conviction of March 4, 1969, for violation of F.S. Section 790.19, F.S.A. Appellant's sole point on this appeal

Zachary v. State

269 So. 2d 669

Supreme Court of Florida | Filed: Nov 22, 1972 | Docket: 1385896

Cited 26 times | Published

that the statute defining such offense viz. Section 790.19 F.S.A.[1] was unconstitutionally vague and

Johnnie Mae Cole v. Farm Fresh Poultry, Inc.

824 F.2d 923, 28 Wage & Hour Cas. (BNA) 369, 1987 U.S. App. LEXIS 11062

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 1987 | Docket: 1150953

Cited 24 times | Published

section 259. 29 U.S.C. § 259(b); see 29 C.F.R. § 790.19(b); National Automatic Laundry and Cleaning Council

Green v. State

455 So. 2d 586

District Court of Appeal of Florida | Filed: Sep 5, 1984 | Docket: 1316955

Cited 22 times | Published

convicted of shooting into a building, contrary to section 790.19, *587 Florida Statutes (1983). In this appeal

State v. Rivera

719 So. 2d 335, 1998 WL 601299

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1705031

Cited 20 times | Published

(1993). [2] § 784.045, Fla. Stat. (1993). [3] Section 790.19, Florida Statutes (1993) provides, in relevant

State v. Kettell

980 So. 2d 1061, 2008 WL 1819421

Supreme Court of Florida | Filed: Apr 24, 2008 | Docket: 368318

Cited 17 times | Published

fired the shots. He was charged with violating section 790.19, Florida Statutes (2003), which provides, in

Green v. State

475 So. 2d 235, 10 Fla. L. Weekly 467

Supreme Court of Florida | Filed: Aug 30, 1985 | Docket: 1301864

Cited 17 times | Published

shooting at, within, or into an occupied vehicle (section 790.19, Florida Statutes (1983)) is not a lesser included

State v. Spella

567 So. 2d 1051, 1990 WL 150216

District Court of Appeal of Florida | Filed: Oct 11, 1990 | Docket: 2535661

Cited 16 times | Published

a felony could stand based on violation of section 790.19, Florida Statutes (1985). This conclusion is

Smithson v. State

689 So. 2d 1226, 1997 WL 111339

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 2515250

Cited 15 times | Published

087(2)(a) and 812.13(2)(a), Fla. Stat. (1993). [4] § 790.19, Fla. Stat. (1993).

Kelly v. State

552 So. 2d 206, 1989 WL 75720

District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1200189

Cited 15 times | Published

and § 782.04(1)(a), Florida Statutes, 1987. [2] § 790.19, Florida Statutes, 1987. [3] § 784.021(1)(a)

Michael Turner v. Warden Coleman FCI (Medium)

709 F.3d 1328, 2013 WL 646089, 2013 U.S. App. LEXIS 3782

Court of Appeals for the Eleventh Circuit | Filed: Feb 22, 2013 | Docket: 884439

Cited 13 times | Published

shooting into an occupied building, Fla. Stat. § 790.19, arose from the same incident; therefore, if either

Sirmons v. State

620 So. 2d 1249, 1993 WL 219841

Supreme Court of Florida | Filed: Jun 24, 1993 | Docket: 1722655

Cited 13 times | Published

39.059. [2] § 812.13, Fla. Stat. (1989). [3] § 790.19, Fla. Stat. (1989). [4] The court made the factual

Haynes v. State

106 So. 3d 481, 2013 WL 40978, 2013 Fla. App. LEXIS 190

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60228213

Cited 12 times | Published

into an occupied conveyance in violation of section 790.19, Florida Statutes; and battery in violation

Preston v. State

397 So. 2d 712

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1356892

Cited 12 times | Published

NOTES [1] § 806.13, Fla. Stat. (1979). [2] § 790.19, Fla. Stat. (1979). [3] § 775.021(4), Fla. Stat

Rodriguez v. State

826 So. 2d 464, 2002 WL 31059895

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1198367

Cited 11 times | Published

or throwing a deadly missile in violation of section 790.19, Florida Statutes). Affirmed. NOTES [*] The

Nicholson v. State

757 So. 2d 1227, 2000 WL 390280

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 1331211

Cited 11 times | Published

Appellant argues that under the wording of section 790.19, Florida Statutes, proscribing the throwing

McKinney v. State

66 So. 3d 852, 36 Fla. L. Weekly Supp. 270, 2011 Fla. LEXIS 1345, 2011 WL 2375217

Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 1935

Cited 10 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003), arising from the

Ubilla v. State

8 So. 3d 1200, 2009 Fla. App. LEXIS 3408, 2009 WL 1066117

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1654725

Cited 10 times | Published

or throwing a deadly missile in violation of section 790.19, Florida Statutes). Affirmed. Rodriguez, 826

Bradford v. State

722 So. 2d 858, 1998 WL 798726

District Court of Appeal of Florida | Filed: Nov 19, 1998 | Docket: 2038305

Cited 10 times | Published

deadly missile. Bradford was charged under section 790.19, Florida Statutes (1997), "Shooting into or

JJS v. State

465 So. 2d 621

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 1323594

Cited 10 times | Published

missile at an occupied vehicle in violation of Section 790.19, Florida Statutes (1983), and aggravated assault

Hudson v. State

800 So. 2d 627, 2001 WL 1192222

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1683588

Cited 9 times | Published

offense because throwing a deadly missile under section 790.19, Florida Statutes (1998), constitutes a crime

Austin v. State

700 So. 2d 1233, 1997 WL 557586

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 1373361

Cited 9 times | Published

window, then Appellant could not have violated section 790.19, according to In Interest of J.G., 655 So.2d

Vause v. State

476 So. 2d 141, 10 Fla. L. Weekly 464

Supreme Court of Florida | Filed: Aug 29, 1985 | Docket: 1277679

Cited 9 times | Published

(1979)), shooting at or into an occupied vehicle (section 790.19, Florida Statutes (1979)), and use of a firearm

EJ v. State

554 So. 2d 578, 1989 WL 153723

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 1693306

Cited 8 times | Published

for throwing a deadly missile, proscribed by section 790.19, Florida Statutes (1987). Mrs. Gutierrez testified

Gil v. State

118 So. 3d 787, 38 Fla. L. Weekly Supp. 581, 2013 WL 3466806, 2013 Fla. LEXIS 1429

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60233431

Cited 7 times | Published

shooting into an occupied vehicle, in violation of section 790.19, Florida Statutes (2003), did not violate double

Paul v. State

129 So. 3d 1058, 2013 WL 6687247, 2013 Fla. LEXIS 670

Supreme Court of Florida | Filed: Apr 11, 2013 | Docket: 60237283

Cited 7 times | Published

whether shooting into an occupied vehicle under section 790.19, Florida Statutes (2001), qualifies for prison

Paul v. State

958 So. 2d 1135, 2007 WL 1827265

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1413898

Cited 7 times | Published

of shooting into a dwelling in violation of section 790.19 does not constitute a predicate offense for

Rodgers v. State

934 So. 2d 1207, 2006 WL 1766734

Supreme Court of Florida | Filed: Jun 29, 2006 | Docket: 1747568

Cited 7 times | Published

of shooting into a building, a violation of section 790.19, Florida Statutes (1997). A jury found Rodgers

Crayton v. State

536 So. 2d 399, 1989 WL 1041

District Court of Appeal of Florida | Filed: Jan 12, 1989 | Docket: 1759619

Cited 7 times | Published

contends that he cannot be convicted under both section 790.19, Florida Statutes (1987) (shooting into an

Clark v. State

530 So. 2d 519, 1988 WL 91788

District Court of Appeal of Florida | Filed: Sep 8, 1988 | Docket: 1267763

Cited 7 times | Published

04(1)(a)1, 777.04(4)(a), 775.087, Fla. Stat. [4] § 790.19, Fla. Stat. [5] § 790.07, Fla. Stat. [6] See

Skinner v. State

450 So. 2d 595

District Court of Appeal of Florida | Filed: May 24, 1984 | Docket: 264324

Cited 7 times | Published

1st DCA 1960), and now expressly hold that section 790.19, Florida Statutes (1983), is violated by a

Jenkins v. State

884 So. 2d 1014, 2004 WL 2270289

District Court of Appeal of Florida | Filed: Oct 11, 2004 | Docket: 1683041

Cited 6 times | Published

missile into a hotel lobby, in violation of section 790.19, Florida Statutes (1997), which prohibits shooting

Horn v. State

677 So. 2d 320, 1996 WL 168618

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1690064

Cited 6 times | Published

Shooting at an occupied vehicle in violation of section 790.19, Florida Statutes (1993), is the only predicate

Bauza v. State

491 So. 2d 323, 11 Fla. L. Weekly 1554

District Court of Appeal of Florida | Filed: Jul 15, 1986 | Docket: 1383146

Cited 6 times | Published

missile into an occupied building or vehicle, § 790.19, Fla. Stat. (1983), and unlawful possession of

Callaghan v. State

462 So. 2d 832, 10 Fla. L. Weekly 8

District Court of Appeal of Florida | Filed: Dec 19, 1984 | Docket: 1510012

Cited 6 times | Published

have been convicted of only one violation of section 790.19, Florida Statutes (1983). Therefore, Callaghan's

Polite v. State

454 So. 2d 769

District Court of Appeal of Florida | Filed: Aug 24, 1984 | Docket: 444368

Cited 6 times | Published

automobile and struck an individual seated therein. Section 790.19, Florida Statutes, which prohibits throwing

Vause v. State

424 So. 2d 52

District Court of Appeal of Florida | Filed: Dec 8, 1982 | Docket: 1297714

Cited 6 times | Published

the defendant was also convicted) is a felony. § 790.19, Florida Statutes (1979). The facts could have

State Ex Rel. Alton v. Conkling

421 So. 2d 1108

District Court of Appeal of Florida | Filed: Nov 17, 1982 | Docket: 1373005

Cited 6 times | Published

into an occupied residence in violation of section 790.19, Florida Statutes. The juvenile filed a motion

JWJ v. State

994 So. 2d 1223, 2008 WL 4899179

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931

Cited 5 times | Published

someone, a second-degree felony, in violation of section 790.19, Florida Statutes (2007). The trial court adjudicated

Lopez-Vazquez v. State

931 So. 2d 231, 2006 WL 1649020

District Court of Appeal of Florida | Filed: Jun 16, 2006 | Docket: 1522222

Cited 5 times | Published

(Supp.1994)). Since neither section 790.15 nor section 790.19 contains any similar language indicating that

Peterson v. State

465 So. 2d 1349, 10 Fla. L. Weekly 774

District Court of Appeal of Florida | Filed: Mar 21, 1985 | Docket: 1324303

Cited 5 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (1983), following a jury

Ballard v. State

447 So. 2d 1040

District Court of Appeal of Florida | Filed: Apr 6, 1984 | Docket: 2556052

Cited 5 times | Published

shooting into an occupied dwelling in violation of section 790.19, Florida Statutes (1981), contending that the

Johnson v. State

436 So. 2d 248

District Court of Appeal of Florida | Filed: Jul 14, 1983 | Docket: 1701247

Cited 5 times | Published

assault on Ricky Joiner and also a violation of section 790.19, Florida Statutes (1981), which makes it a

United States v. Michael Petite

703 F.3d 1290, 2013 WL 28257

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 2013 | Docket: 1083900

Cited 4 times | Published

missiles into a building in violation of Fla. Stat. § 790.19— that can take the place of the vehicular flight

Valdes v. State

970 So. 2d 414, 2007 WL 3355061

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1695145

Cited 4 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003). The defendant claims

Washington v. State

912 So. 2d 344, 2005 WL 2447859

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1755614

Cited 4 times | Published

missile in a building. The defendant argues that section 790.19, Florida Statutes (2004), requires that the

Knight v. State

668 So. 2d 596, 1996 WL 73783

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 429265

Cited 4 times | Published

(1991), and shooting at or into a building, see § 790.19, Fla.Stat. (1991). At the trial, Knight requested

Wilcher v. State

524 So. 2d 1105, 1988 WL 44488

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1340485

Cited 4 times | Published

a deadly missile into an occupied vehicle, section 790.19, Florida Statutes (1987). As in Carawan the

State v. Heisterman

343 So. 2d 1272

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 2558707

Cited 4 times | Published

into an occupied dwelling, in violation of Section 790.19, Florida Statutes (1973), and for assault with

United States v. Mario Estrella

758 F.3d 1239, 2014 WL 3362166

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 2014 | Docket: 368299

Cited 3 times | Published

whether Mr. Estrella’s conviction under Fla. Stat. § 790.19 for wantonly or maliciously throwing, hurling

SP v. State

664 So. 2d 1064

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1655901

Cited 3 times | Published

deadly missile is a second-degree felony, see § 790.19, Fla. Stat. (1993), which is punishable by a term

Keltner v. State

650 So. 2d 1066, 1995 WL 62889

District Court of Appeal of Florida | Filed: Feb 17, 1995 | Docket: 2587241

Cited 3 times | Published

NOTES [1] § 782.04(2), Fla. Stat. (1993). [2] § 790.19, Fla. Stat. (1993).

State v. Reddick

568 So. 2d 902, 1990 WL 130218

Supreme Court of Florida | Filed: Sep 6, 1990 | Docket: 533947

Cited 3 times | Published

was premeditated. Shooting into a dwelling (section 790.19, Florida Statutes (1985)) also has three elements:

Holtsclaw v. State

542 So. 2d 437, 1989 WL 41188

District Court of Appeal of Florida | Filed: Apr 27, 1989 | Docket: 468966

Cited 3 times | Published

public or private building in violation of section 790.19, Florida Statutes (1987). We affirm the assault

Anthony v. State

524 So. 2d 655, 1988 WL 43383

Supreme Court of Florida | Filed: May 5, 1988 | Docket: 1340681

Cited 3 times | Published

shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (1985). After a jury trial

Busch v. State

466 So. 2d 1075, 10 Fla. L. Weekly 40

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 438710

Cited 3 times | Published

section 784.045, Florida Statutes (1981), and section 790.19, Florida Statutes (1981). The charges initially

Palacio v. State

402 So. 2d 500

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 1313541

Cited 3 times | Published

shooting at an unoccupied vehicle, in violation of Section 790.19, Florida Statutes (1977); (2) attempted first

Roop v. State

228 So. 3d 633, 2017 WL 4393245

District Court of Appeal of Florida | Filed: Oct 4, 2017 | Docket: 6163423

Cited 2 times | Published

throwing a deadly missile at an occupied vehicle, see § 790.19, Fla. Stat. (2013), and criminal mischief ($200

Butner v. State

217 So. 3d 1162, 2017 WL 1534812, 2017 Fla. App. LEXIS 5899

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265634

Cited 2 times | Published

on count three, shooting within a building, section 790.19, Florida Statutes (2012). The trial court adjudged

United States v. Rudy Estrada

777 F.3d 1318, 2015 WL 479969

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 2015 | Docket: 2632366

Cited 2 times | Published

conviction for a violation of Florida Statute § 790.19 was a conviction for a crime of violence within

Taylor v. State

146 So. 3d 113, 2014 Fla. App. LEXIS 13453, 2014 WL 4249749

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 60242808

Cited 2 times | Published

with shooting into an occupied vehicle under section 790.19, Florida Statutes (2012). Following his conviction

McLeod v. State

52 So. 3d 784, 2010 Fla. App. LEXIS 20130, 2010 WL 5391473

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 2408038

Cited 2 times | Published

784.045(1)(a)(2), Fla. Stat. (2007). [3] See § 790.19, Fla. Stat. (2007). [4] See § 893.13(6)(a), Fla

Shelden v. State

38 So. 3d 214, 2010 Fla. App. LEXIS 8230, 2010 WL 2330247

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 1374120

Cited 2 times | Published

or into a building, a second-degree felony. See § 790.19, Fla. Stat. (2007). But the trial court erred

Luciano v. State

983 So. 2d 759, 2008 WL 2386435

District Court of Appeal of Florida | Filed: Jun 13, 2008 | Docket: 1756803

Cited 2 times | Published

from a vehicle within 1000 feet of any person. Section 790.19 relates to shooting or throwing a deadly missile

Balkaran v. State

950 So. 2d 478, 2007 WL 518592

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1501984

Cited 2 times | Published

shooting at or within a vehicle in violation of section 790.19, Florida Statutes. On the day in question,

Perez v. State

840 So. 2d 1179, 2003 WL 1785872

District Court of Appeal of Florida | Filed: Apr 4, 2003 | Docket: 1463455

Cited 2 times | Published

(1995) [2] § 812.13(2)(a), Fla. Stat. (1995). [3] § 790.19, Fla. Stat. (1995).

Smith v. State

679 So. 2d 30, 1996 WL 457242

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 1215038

Cited 2 times | Published

stone into an occupied building in violation of section 790.19, Florida Statutes (1993). We agree with appellant

Spurlock v. Cycmanick

584 So. 2d 1015, 1991 WL 105619

District Court of Appeal of Florida | Filed: Jun 20, 1991 | Docket: 466866

Cited 2 times | Published

shooting into an occupied dwelling, a felony under section 790.19, Florida Statutes, and also in separate counts

Berry v. State

547 So. 2d 969, 1989 WL 81722

District Court of Appeal of Florida | Filed: Jul 25, 1989 | Docket: 1474502

Cited 2 times | Published

and for shooting within an occupied dwelling. § 790.19, Fla. Stat. (1987). We disagree. The facts elicited

Carter v. State

469 So. 2d 775

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 1679474

Cited 2 times | Published

convicted of throwing deadly missiles, contrary to Section 790.19, Florida Statutes, which provides: Whoever

Brewer v. State

343 So. 2d 628

District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 2578325

Cited 2 times | Published

the maximum sentence for this offense, under Section 790.19, Florida Statutes, is fifteen years. However

DBC v. State

341 So. 2d 230

District Court of Appeal of Florida | Filed: Dec 23, 1976 | Docket: 2576426

Cited 2 times | Published

SEABOARD COAST LINE RAILROAD CO., contrary to Section 790.19, Florida Statutes." The factual circumstances

Courtney S. Brown v. State of Florida

243 So. 3d 1037

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365061

Cited 1 times | Published

deadly missile into a building in violation of section 790.19, Florida Statutes; and (3) Appellant wantonly

Fravel v. State

188 So. 3d 969, 2016 WL 1452299, 2016 Fla. App. LEXIS 5611

District Court of Appeal of Florida | Filed: Apr 13, 2016 | Docket: 60254374

Cited 1 times | Published

deadly missile into a dwelling, pursuant to section 790.19, Florida Statutes. We affirmed his convictions

Paul v. State

112 So. 3d 1188, 2013 Fla. LEXIS 2885, 2013 WL 1457839

Supreme Court of Florida | Filed: Apr 11, 2013 | Docket: 60230985

Cited 1 times | Published

whether shooting into an occupied vehicle under section 790.19, Florida Statutes (2001), qualifies for prison

Paul v. State

59 So. 3d 193, 2011 Fla. App. LEXIS 3478, 2011 WL 890879

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299626

Cited 1 times | Published

lacks merit. Appellant was convicted under section 790.19, Florida Statutes (2001), of shooting into

Luciano v. State

12 So. 3d 917, 2009 Fla. App. LEXIS 9504, 2009 WL 1971633

District Court of Appeal of Florida | Filed: Jul 10, 2009 | Docket: 2578025

Cited 1 times | Published

concur. NOTES [1] § 790.15(2), Fla. Stat. (2006); § 790.19, Fla. Stat. (2006).

J.W.J. v. State

994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851

Cited 1 times | Published

someone, a second-degree felony, in violation of section 790.19, Florida Statutes (2007). The trial court adjudicated

Kettell v. State

950 So. 2d 505, 2007 WL 677217

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1501289

Cited 1 times | Published

of the offense, we reverse the conviction. Section 790.19, Florida Statutes (2003), provides: "Whoever

Filomeno v. State

930 So. 2d 821, 2006 Fla. App. LEXIS 8602, 2006 WL 1501084

District Court of Appeal of Florida | Filed: Jun 2, 2006 | Docket: 64845216

Cited 1 times | Published

04(2), 775.087(1) & (2), Fla. Stat. (2002). . § 790.19, Fla. Stat (2002). . It seems doubtful to us

Moody v. City of Key West

805 So. 2d 1018, 2001 WL 1643906

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 523495

Cited 1 times | Published

for throwing a deadly missile in violation of section 790.19, Florida Statutes. According to the summary

State v. Hines

695 So. 2d 747, 22 Fla. L. Weekly Fed. D 670

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 424913

Cited 1 times | Published

that "would produce death or great bodily harm." § 790.19, Fla.Stat. (1995). Shooting into a conveyance

Wilton v. State

455 So. 2d 1142

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316828

Cited 1 times | Published

circumstances, an orange could be a missile under section 790.19. Here, a jury could properly conclude that

Plummer v. State

454 So. 2d 61, 9 Fla. L. Weekly 1776, 1984 Fla. App. LEXIS 14498

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 64606355

Cited 1 times | Published

missile into an occupied vehicle in violation of § 790.19, Florida Statutes.1 At trial a witness testified

Lamont Rum Fortson v. State of Florida

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117375

Published

and shooting into a building in violation of section 790.19, Florida Statutes (2023) (Count 3). He was

United States v. Jorge Cesar Ferretiz-Hernandez

Court of Appeals for the Eleventh Circuit | Filed: Jun 11, 2025 | Docket: 67713684

Published

Argued: Mar 4, 2025

license and for violating Florida Statute § 790.19. 2 Like Ferretiz-Hernandez, he was charged

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

shooting into an occupied vehicle in violation of section 790.19 did not satisfy the second exception because

State of Florida v. Johnathan David Garcia

Supreme Court of Florida | Filed: Oct 27, 2022 | Docket: 65639207

Published

deadly missile into a building, in violation of section 790.19, Florida Statutes. On January 4, 2019, 2 the

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761657

Published

optional element based upon case law interpreting section 790.19, Florida Statutes (2018). See Valdes v. State

PATRICK GAMMAGE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2019 | Docket: 16006950

Published

11 - missile into a dwelling in violation of section 790.19, Florida Statutes, after he threw one brick

In Re: Standard Jury Instructions in Criminal Cases - Report 2018-01 – Corrected Opinion

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982206

Published

the elements of the offense as defined in section 790.19, Florida Statutes (2018). Turning to element

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-01.

253 So. 3d 1024

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943251

Published

in the elements of the offense as defined in section 790.19, Florida Statutes (2018). Turning to element

Delgado v. State

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165069

Published

within, or into a vehicle (count three), see § 790.19, Fla. Stat. (2015); and conspiring to deliver

United States v. Estrada

643 F. App'x 912

Court of Appeals for the Eleventh Circuit | Filed: Feb 24, 2016 | Docket: 65962019

Published

throwing a deadly missile, in violation of Fla. Stat. § 790.19. Defendant was removed to Mexico, and later illegally

State of Florida v. Jonathan Gomez

District Court of Appeal of Florida | Filed: Jul 15, 2015 | Docket: 2679187

Published

into a vehicle, which is a second degree felony. § 790.19, Fla. Stat. (2010). Therefore, the defendant qualified

Lopez v. State

76 So. 3d 1068, 2011 Fla. App. LEXIS 20589, 2011 WL 6373021

District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 2530887

Published

vehicle would qualify for PRR sentencing, because section 790.19 required the vehicle to be occupied.

Linn v. State

79 So. 3d 783, 2011 WL 6184469

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60305381

Published

throwing a deadly missile at or into a building. See § 790.19, Fla. Stat. (2003).2 In August 2004, the criminal

Grable v. State

37 So. 3d 989, 2010 Fla. App. LEXIS 9768, 2010 WL 2634427

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1239643

Published

building was illegal because that offense, under section 790.19, Florida Statutes (2007), is not a listed offense

Crapps v. State

968 So. 2d 627, 2007 WL 3118542

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 647572

Published

into an occupied vehicle, as proscribed in section 790.19, Florida Statutes (2005), is not a qualifying

Jefferson v. State

927 So. 2d 1037, 2006 Fla. App. LEXIS 7083, 2006 WL 1235167

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844487

Published

Holly v. Auld, 450 So.2d 217, 219 (Fla.1984)). Section 790.19, Florida Statutes (2004), states in pertinent

Santana v. State

931 So. 2d 954, 2006 Fla. App. LEXIS 7012, 2006 WL 1331508

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64845449

Published

throwing [a] deadly missile, the crime charged.” § 790.19, Fla. Stat. (1999). At the hearing on Santana’s

K.O. v. State

914 So. 2d 1044, 2005 Fla. App. LEXIS 18494, 2005 WL 3116526

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 64840954

Published

of throwing a deadly missile in violation of section 790.19, Florida Statutes (2004).

Washington v. State

912 So. 2d 344, 2005 Fla. App. LEXIS 15758

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840596

Published

missile in a building. The defendant argues that section 790.19, Florida Statutes (2004), requires that the

Cox v. State

908 So. 2d 1146, 2005 Fla. App. LEXIS 12663, 2005 WL 1943202

District Court of Appeal of Florida | Filed: Aug 16, 2005 | Docket: 64840037

Published

second degree felony offense proscribed by section 790.19, Florida Statutes, the trial court adjudged

Juarez v. State

892 So. 2d 1158, 2005 Fla. App. LEXIS 334, 2005 WL 119829

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 64835833

Published

great bodily harm, as required by the statute, section 790.19, Florida Statutes. See H.H. v. State, 773 So

Blue v. State

876 So. 2d 1273, 2004 Fla. App. LEXIS 10088, 2004 WL 1530822

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 64831666

Published

at, within or into a building, contrary to section 790.19, Florida Statutes.... ” Blue moved for a judgment

Bonner v. State

793 So. 2d 19, 2001 Fla. App. LEXIS 3878, 2001 WL 280477

District Court of Appeal of Florida | Filed: Mar 23, 2001 | Docket: 64807923

Published

of section 790.19, Florida Statutes (1991). However, a conviction for violation of section 790.19 is

H.H. v. State

773 So. 2d 122, 2000 Fla. App. LEXIS 16612, 2000 WL 1853658

District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 64802299

Published

party that can be sustained under the law.”). Section 790.19, Florida Statutes, which proscribes throwing

R.J.J. v. State

771 So. 2d 1265, 2000 Fla. App. LEXIS 14871, 2000 WL 1700200

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 64801904

Published

deadly missile at a vehicle in violation of section 790.19, Florida Statutes (1995). He argues, and we

Harrison v. State

765 So. 2d 159, 2000 Fla. App. LEXIS 8149, 2000 WL 864168

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 64799691

Published

(1995). . § 784.021(l)(a), Fla. Stat. (1995). . § 790.19, Fla. Stat. (1995). . 775.087(1) provides; Unless

Broome v. State

774 So. 2d 719, 2000 Fla. App. LEXIS 7422, 2000 WL 770507

District Court of Appeal of Florida | Filed: Jun 16, 2000 | Docket: 64802728

Published

dwelling, a second degree felony violation of section 790.19; and possession of a firearm by a convicted

Ayo v. State

718 So. 2d 840, 1998 WL 473004

District Court of Appeal of Florida | Filed: Aug 14, 1998 | Docket: 466216

Published

(1997). [4] § 790.23, Fla. Stat. (1997). [5] § 790.19, Fla. Stat. (1997).

Ivory v. State

707 So. 2d 424, 1998 Fla. App. LEXIS 3184, 1998 WL 145135

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64779644

Published

proper statutory provision for that offense is section 790.19. Since the trial court’s sentence constituted

King v. State

698 So. 2d 1321, 1997 Fla. App. LEXIS 10133, 1997 WL 559442

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 64775622

Published

under the statute. The State charged King under section 790.19, Florida Statutes (1995), for throwing a cinder

State v. Payne

684 So. 2d 863, 1996 Fla. App. LEXIS 12886, 1996 WL 720862

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769692

Published

within, or into a building in violation of section 790.19, Florida Statutes (1993). He pleaded guilty

Schlotterlein v. State

683 So. 2d 568, 1996 Fla. App. LEXIS 11378, 1996 WL 629801

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64769337

Published

the convictions and remand for a new trial. . § 790.19, Fla.Stat. (1993). . § 790.15, Fla.Stat. (1993)

Cleveland v. State

673 So. 2d 983, 1996 Fla. App. LEXIS 5503, 1996 WL 279230

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64764750

Published

range will not justify a departure sentence). Section 790.19, Florida Statutes (1993), which makes it unlawfiil

S.P. v. State

664 So. 2d 1064, 1995 Fla. App. LEXIS 12611

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760953

Published

deadly missile is a second-degree felony, see § 790.19, Fla.Stat. (1993), which is punishable by a term

Hills v. State

661 So. 2d 1314, 1995 Fla. App. LEXIS 11583, 1995 WL 642673

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 64759624

Published

deadly missile into a dwelling is a violation of section 790.19, Florida Statutes (1991). Scoresheet 8 (“Chapter

Knight v. State

653 So. 2d 457, 1995 Fla. App. LEXIS 3574, 1995 WL 150243

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755478

Published

concur. . § 784.021(1), Fla.Stat. (1991). . § 790.19, Fla.Stat. (1991). . § 775.087(2)(a), Florida

State v. Lee

651 So. 2d 1221, 1995 Fla. App. LEXIS 2051, 1995 WL 84660

District Court of Appeal of Florida | Filed: Mar 3, 1995 | Docket: 64755027

Published

statute under which the state charged Lee, section 790.19, Florida Statutes (1991),1 does not apply to

Griffin v. State

646 So. 2d 304, 1994 Fla. App. LEXIS 12459, 1994 WL 708201

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64752545

Published

occupied vehicle is a second degree felony, section 790.19, Florida Statutes, and the maximum statutory

Reeves v. State

631 So. 2d 374, 1994 Fla. App. LEXIS 836, 1994 WL 37029

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 64746115

Published

Reeves appeals his conviction of violating section 790.19, Florida Statutes (1991), for wantonly or maliciously

Witherspoon v. State

597 So. 2d 986, 1992 Fla. App. LEXIS 6127, 1992 WL 109958

District Court of Appeal of Florida | Filed: May 27, 1992 | Docket: 64666942

Published

when in fact it is a second degree felony. Section 790.19, Fla.Stat. (1991). It also misclassified the

Gonedes v. State

574 So. 2d 1198, 1991 Fla. App. LEXIS 1010, 1991 WL 15459

District Court of Appeal of Florida | Filed: Feb 13, 1991 | Docket: 64656506

Published

a missile into a structure in violation of section 790.19, Florida Statutes (1990), aggravated assault

Pride v. State

570 So. 2d 1146, 1990 Fla. App. LEXIS 9366, 1990 WL 199167

District Court of Appeal of Florida | Filed: Dec 13, 1990 | Docket: 64654848

Published

04(2) and 777.04(4)(d), Fla.Stat. (1989). . § 790.19, Fla.Stat. (1989). . § 77S.084, Fla.Stat. (1989)

McKnight v. State

569 So. 2d 521, 1990 Fla. App. LEXIS 8637, 1990 WL 175098

District Court of Appeal of Florida | Filed: Nov 13, 1990 | Docket: 64654261

Published

Section 790.07(2), Florida Statutes (1987); Section 790.19, Florida Statutes (1987); Section 924.33, Florida

E.J. v. State

554 So. 2d 578, 1989 Fla. App. LEXIS 7068

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 64647231

Published

for throwing a deadly missile, proscribed by section 790.19, Florida Statutes (1987). Mrs. Gutierrez testified

Morales v. State

541 So. 2d 1289, 14 Fla. L. Weekly 904, 1989 Fla. App. LEXIS 1920, 1989 WL 33979

District Court of Appeal of Florida | Filed: Apr 11, 1989 | Docket: 64641981

Published

convictions for shooting into an occupied vehicle, § 790.19, Fla.Stat. (1987), and unlawful possession of

Jones v. Standard Guaranty Insurance Co.

539 So. 2d 547, 14 Fla. L. Weekly 662, 1989 Fla. App. LEXIS 1238, 1989 WL 20107

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 64640863

Published

Fla.Stat. (1985), and throwing a deadly missile, § 790.19, Fla.Stat. (1985). Under a negotiated plea agreement

T.J. v. State

534 So. 2d 811, 13 Fla. L. Weekly 2596, 1988 Fla. App. LEXIS 5185, 1988 WL 125605

District Court of Appeal of Florida | Filed: Nov 29, 1988 | Docket: 64638907

Published

a deadly missile into an occupied conveyance, § 790.19, Fla.Stat. (1987), which protects against the

T.J. v. State

534 So. 2d 811, 13 Fla. L. Weekly 2596, 1988 Fla. App. LEXIS 5185, 1988 WL 125605

District Court of Appeal of Florida | Filed: Nov 29, 1988 | Docket: 64638907

Published

a deadly missile into an occupied conveyance, § 790.19, Fla.Stat. (1987), which protects against the

Fortune v. State

513 So. 2d 762, 12 Fla. L. Weekly 2399, 1987 Fla. App. LEXIS 10568

District Court of Appeal of Florida | Filed: Oct 7, 1987 | Docket: 64629969

Published

missile at an occupied vehicle in violation of section 790.19, Florida Statutes (1985). We do, however, find

Neal v. State

492 So. 2d 1135, 11 Fla. L. Weekly 1722, 1986 Fla. App. LEXIS 9339

District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 64621096

Published

accessory to shooting into an occupied dwelling (Section 790.19, Florida Statutes, Section 777.03, Florida

State v. Johnson

479 So. 2d 279, 10 Fla. L. Weekly 2700, 1985 Fla. App. LEXIS 17178

District Court of Appeal of Florida | Filed: Dec 6, 1985 | Docket: 64615898

Published

into an occupied dwelling, an act violative of section 790.19, Florida Statutes, and using a firearm while

J.J.S. v. State

465 So. 2d 621, 10 Fla. L. Weekly 767, 1985 Fla. App. LEXIS 13061

District Court of Appeal of Florida | Filed: Mar 20, 1985 | Docket: 64610705

Published

missile at an occupied vehicle in violation of Section 790.19, Florida Statutes (1983), and aggravated assault

C.H. v. State

460 So. 2d 563, 10 Fla. L. Weekly 91, 1984 Fla. App. LEXIS 16115

District Court of Appeal of Florida | Filed: Dec 18, 1984 | Docket: 64608652

Published

1968), cert. denied, 222 So.2d 747 (Fla. 1969); § 790.19, Fla.Stat. (1981).

Green v. State

453 So. 2d 526, 9 Fla. L. Weekly 1698, 1984 Fla. App. LEXIS 13977

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 64606136

Published

Stat. (1983). . § 782.07, Fla.Stat. (1983). . § 790.19, Fla.Stat. (1983). . The indictment charging

Livolsi v. State

451 So. 2d 542, 1984 Fla. App. LEXIS 13872

District Court of Appeal of Florida | Filed: Jun 20, 1984 | Docket: 64605401

Published

or occupied by a person(s)” in violation of section 790.19, Florida Statutes (1981).2 Appellant filed

B.P. v. State

443 So. 2d 1084, 1984 Fla. App. LEXIS 11530

District Court of Appeal of Florida | Filed: Jan 24, 1984 | Docket: 64602172

Published

glass door and screen enclosure of the bedroom. Section 790.19, Florida Statutes (1981), provides: Shooting

Yopp v. State

422 So. 2d 1061, 1982 Fla. App. LEXIS 21843

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64593770

Published

of shooting into a building in violation of section 790.19, Florida Statutes (1981). We affirm the judgment

J.W.B. v. State

419 So. 2d 407, 1982 Fla. App. LEXIS 21137

District Court of Appeal of Florida | Filed: Sep 17, 1982 | Docket: 64592084

Published

“throwing a deadly missile” in violation of section 790.19, Florida Statutes (1979), which reads as follows:

Wilcher v. State

388 So. 2d 320, 1980 Fla. App. LEXIS 17182

District Court of Appeal of Florida | Filed: Sep 17, 1980 | Docket: 64578181

Published

Discharging a firearm in an occupied dwelling. § 790.19, Fla.Stat. (1979).

Yearty v. State

354 So. 2d 76, 1977 Fla. App. LEXIS 17282

District Court of Appeal of Florida | Filed: Nov 9, 1977 | Docket: 64562363

Published

for shooting into a building in violation of Section 790.19, Florida Statutes (1975). The only issue raised

J. T. K. v. State

341 So. 2d 229, 1976 Fla. App. LEXIS 16144

District Court of Appeal of Florida | Filed: Dec 23, 1976 | Docket: 64556610

Published

RAILROAD CO. contrary to Section 790.19, Florida Statutes.” Section 790.19, Florida Statutes, provides

D. B. C. v. State

341 So. 2d 230, 1976 Fla. App. LEXIS 16145

District Court of Appeal of Florida | Filed: Dec 23, 1976 | Docket: 64556611

Published

SEABOARD COAST LINE RAILROAD CO., contrary to Section 790.19, Florida Statutes.” The factual circumstances

Heisterman v. State

327 So. 2d 839, 1976 Fla. App. LEXIS 14723

District Court of Appeal of Florida | Filed: Feb 24, 1976 | Docket: 64552677

Published

an occupied dwelling in violation of Fla.Stat. § 790.19. The judgment and sentence on count one is affirmed

Copeland v. State

313 So. 2d 54, 1975 Fla. App. LEXIS 14858

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546591

Published

shooting a firearm within an occupied building, § 790.19 F.S., and (2) possession of a firearm by a convicted

Copeland v. State

313 So. 2d 54, 1975 Fla. App. LEXIS 14858

District Court of Appeal of Florida | Filed: May 23, 1975 | Docket: 64546591

Published

shooting a firearm within an occupied building, § 790.19 F.S., and (2) possession of a firearm by a convicted

Kelly v. State

281 So. 2d 594, 1973 Fla. App. LEXIS 7746

District Court of Appeal of Florida | Filed: Aug 29, 1973 | Docket: 64533922

Published

shooting within an occupied dwelling (F.S. Section 790.19, F.S.A.), and appeals her judgment and sentence

Anderson v. State

230 So. 2d 39, 1970 Fla. App. LEXIS 6978

District Court of Appeal of Florida | Filed: Jan 6, 1970 | Docket: 64512730

Published

erred in instructing and reading to the jury F.S. 790.19 F.S.A. and whether the verdict of the jury was

Mas v. State

222 So. 2d 250, 1969 Fla. App. LEXIS 5797

District Court of Appeal of Florida | Filed: May 6, 1969 | Docket: 64509649

Published

bodily harm, to wit: a fire bomb,” in violation of § 790.19 Fla.Stat., F.S.A. In a second count the appellant

Mas v. State

222 So. 2d 250, 1969 Fla. App. LEXIS 5797

District Court of Appeal of Florida | Filed: May 6, 1969 | Docket: 64509649

Published

bodily harm, to wit: a fire bomb,” in violation of § 790.19 Fla.Stat., F.S.A. In a second count the appellant

Monroe v. State

218 So. 2d 209, 1969 Fla. App. LEXIS 6241

District Court of Appeal of Florida | Filed: Jan 15, 1969 | Docket: 64508232

Published

assault in order to prove that appellant violated Section 790.19, F. S.A. Thus, by applying the test laid down

Mead v. State

214 So. 2d 514, 1968 Fla. App. LEXIS 5004

District Court of Appeal of Florida | Filed: Sep 24, 1968 | Docket: 64506846

Published

occupied public building in violation of Fla.Stat. § 790.19, F.S.A. He claims reversible error was committed