Florida Statutes
Fla. Stat. § 790.19 (2025)
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.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 790.19
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§790.19WEAPON OFFENSEMISSILE INTO DWELLING VEH BUILDING OR AIRCRAFT
Notes of Decisions
Cited in 171
cases (9 in the last 5 years), 1968–2025 · leading case: Paul v. State, 129 So. 3d 1058 (Fla. 2013).
Paul v. State, 129 So. 3d 1058 (Fla. 2013). “The certified conflict involves an issue of statutory construction: whether shooting into an occupied vehicle under section 790.19, Florida Statutes (2001), qualifies for prison releas-ee reoffender (PRR) sentencing under the forcible felony catch-all provision of the PRR…”
Valdes v. State, 3 So. 3d 1067 (Fla. 2009). “§ 790.19, Fla. Stat. (2003). Thus, separate convictions for these two offenses are authorized unless the offenses fit within one of the three exceptions in section 775.”
State v. Kettell, 980 So. 2d 1061 (Fla. 2008). “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…”
United States v. Mario Estrella, 758 F.3d 1239 (11th Cir. 2014). “Estrella’s conviction under Fla. Stat. § 790.19 for wantonly or maliciously throwing, hurling, or projecting a missile, stone, or other hard substance at an occupied vehicle constitutes a crime of violence for purposes of the USSG § 2L1.”
Paul v. State, 112 So. 3d 1188 (Fla. 2013). “The certified conflict involves an issue of statutory construction: whether shooting into an occupied vehicle under section 790.19, Florida Statutes (2001), qualifies for prison releas-ee reoffender (PRR) sentencing under the forcible felony catch-all provision of the PRR…”
United States v. Eder Mendez-Henriquez, 847 F.3d 214 (5th Cir. 2017). “3d at 1249 (citing Fla. Stat. § 790.19 ). The eleventh circuit reasoned Guideline § 2L1.”
Valdes v. State, 970 So. 2d 414 (Fla. 3d DCA 2007). “15(2), Florida Statutes (2003); and one count of shooting into an occupied vehicle in violation of section 790.19, Florida Statutes (2003). The defendant claims that: (1) that his convictions for attempted second degree murder must be reversed due to the trial court's failure to…”
Paul v. State, 958 So. 2d 1135 (Fla. 4th DCA 2007). “§ 790.19, Fla. Stat. (emphasis added). The PRR statute permits the imposition of *1137 a PRR sentence if the crime is "[a]ny felony that involves the use or threat of physical force or violence against an individual.”
Carter v. State, 469 So. 2d 775 (Fla. 1st DCA 1985). “Appellant stands convicted of throwing deadly missiles, contrary to Section 790.19, Florida Statutes, which provides: 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…”
State v. Hearns, 961 So. 2d 211 (Fla. 2007). “3d DCA 2001) (holding that the crime of shooting into or throwing deadly missiles into a building, whether occupied or unoccupied (§ 790.19, Fla.Stat.(1997)), does not, by definition, involve physical force or violence against an individual and therefore cannot be a qualifying…”
Michael Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013). “021 , and shooting into an occupied building, Fla. Stat. § 790.19 , arose from the same incident; therefore, if either conviction constitutes a violent felony, it can serve as one of the three predicate offenses for purposes of the ACCA.”
Jolly v. State, 392 So. 2d 54 (Fla. 5th DCA 1981). “087(2), Florida Statutes (1979), provides: (a) Any murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with intent to commit a felony, or aircraft piracy, or any attempt to commit the aforementioned…”
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