Florida Statute 836.5 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 836
DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES

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F.S. 836.05

836.05 Threats; extortion.—

(1) Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who commits a violation of subsection (1) and at the time of the violation is acting as a foreign agent, as defined in s. 812.081(1), with the intent of benefiting a foreign country of concern, as defined in s. 692.201, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 42, sub-ch. 3, ch. 1637, 1868; RS 2420; GS 3261; RGS 5092; CGL 7194; s. 1, ch. 57-254; s. 991, ch. 71-136; s. 1307, ch. 97-102; s. 11, ch. 2023-33.

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Amendments to 836.05

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 836.05

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

S836.05 - EXTORT - OR THREATS - F: S

Cases Citing Statute 836.05

Total Results: 62

United States v. Maynard Kenneth Godwin

765 F.3d 1306, 2014 WL 4338527

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2014 | Docket: 1149900

Cited 40 times | Published

act against his or her will....” Fla. Stat. Ann. § 836.05. In acquitting Ellis of the predicate act of extortion

State v. Cohen

568 So. 2d 49, 1990 WL 141449

Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526700

Cited 30 times | Published

constitute extortion that would be criminal under section 836.05, Florida Statutes (1989). Threatening to expose

Achin v. State

436 So. 2d 30

Supreme Court of Florida | Filed: Jan 21, 1982 | Docket: 401012

Cited 29 times | Published

state charged petitioner with extortion under section 836.05, Florida Statutes (1977).[2] In a jury trial

Honchell v. State

257 So. 2d 889

Supreme Court of Florida | Filed: Dec 15, 1971 | Docket: 1287128

Cited 24 times | Published

the extortion statute in question, Fla. Stat. § 836.05, F.S.A., was constitutional. Fla. Const. art.

Miami Herald Publishing Co. v. Ferre

636 F. Supp. 970, 1985 U.S. Dist. LEXIS 16784

District Court, S.D. Florida | Filed: Aug 15, 1985 | Docket: 1705256

Cited 20 times | Published

these alleged threats constitute a violation of Section 836.05, Florida Statutes, which makes it a felony

Carricarte v. State

384 So. 2d 1261

Supreme Court of Florida | Filed: Jun 5, 1980 | Docket: 2584231

Cited 19 times | Published

to act or refrain from acting against his will. § 836.05, Fla. Stat. (1977). See State v. McInnes, 153

Ballance v. State

447 So. 2d 974

District Court of Appeal of Florida | Filed: Mar 16, 1984 | Docket: 1312175

Cited 17 times | Published

on a charge of "extortion by threat" under Section 836.05, Florida Statutes (1981). He was required to

United States v. Al-Arian

308 F. Supp. 2d 1322, 2004 U.S. Dist. LEXIS 4227, 2004 WL 516571

District Court, M.D. Florida | Filed: Mar 12, 2004 | Docket: 2358647

Cited 14 times | Published

that Florida law, specifically Florida Statutes § 836.05, makes chargeable the crime of extortion which

Davis v. State

277 So. 2d 300

District Court of Appeal of Florida | Filed: Apr 19, 1973 | Docket: 1730498

Cited 11 times | Published

another count of extortion in violation of F.S. § 836.05, F.S.A. Before that case could be disposed of

Helmick v. State

569 So. 2d 869, 1990 WL 172813

District Court of Appeal of Florida | Filed: Nov 9, 1990 | Docket: 1190893

Cited 9 times | Published

refrain from doing any act against his will." § 836.05, Fla. Stat. (1987). Nothing indicates that the

Berger v. Berger

466 So. 2d 1149, 10 Fla. L. Weekly 803

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 438312

Cited 9 times | Published

remains he committed the crime of extortion under Section 836.05, Florida Statutes (1983), which specifically

Shafran v. Parrish

787 So. 2d 177, 2001 WL 497118

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1744917

Cited 8 times | Published

for criminal extortion under Florida Statutes § 836.05, a felony of the second degree punishable by a

O'HARA v. State

448 So. 2d 524

District Court of Appeal of Florida | Filed: Mar 1, 1984 | Docket: 429791

Cited 8 times | Published

thereto. Under the alternative provisions of Section 836.05, Florida Statutes (1981), one commits the crime

Horner v. State

149 So. 2d 863

District Court of Appeal of Florida | Filed: Feb 12, 1963 | Docket: 1480043

Cited 8 times | Published

the state penitentiary followed. We affirm. Section 836.05, Fla. Stat., F.S.A., provides: "Whoever, either

Ponzoli & Wassenberg, PA v. Zuckerman

545 So. 2d 309, 14 Fla. L. Weekly 979, 1989 Fla. App. LEXIS 2055, 1989 WL 36180

District Court of Appeal of Florida | Filed: Apr 18, 1989 | Docket: 1345750

Cited 7 times | Published

do not constitute a "threat" proscribed by section 836.05, Florida Statutes (1987). See State v. McInnes

Bass v. Morgan, Lewis & Bockius

516 So. 2d 1011, 1987 WL 2005

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 1267136

Cited 7 times | Published

appellee Castillo to the appellant Bass violated section 836.05, Florida Statutes (1983), which creates the

State v. McInnes

153 So. 2d 854

District Court of Appeal of Florida | Filed: May 21, 1963 | Docket: 1327798

Cited 7 times | Published

made upon it, the Supreme Court said: "Under F.S. § 836.05, F.S.A., threats to accuse a person of an offense

Alonso v. State

447 So. 2d 1029

District Court of Appeal of Florida | Filed: Apr 4, 1984 | Docket: 59666

Cited 6 times | Published

lacking in merit. Appellant was charged under Section 836.05, Florida Statutes (1981), which requires a

Paris v. Paris

412 So. 2d 952

District Court of Appeal of Florida | Filed: Apr 21, 1982 | Docket: 528818

Cited 6 times | Published

for his threats could constitute extortion. See § 836.05, Fla. Stat. (1981): Whoever, either verbally or

Gordon v. Gordon

625 So. 2d 59, 1993 WL 365103

District Court of Appeal of Florida | Filed: Sep 22, 1993 | Docket: 1517593

Cited 5 times | Published

remains he committed the crime of extortion under Section 836.05, Florida Statutes (1983), which specifically

Stevens v. State

397 So. 2d 324

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1706844

Cited 5 times | Published

FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] § 836.05, Fla. Stat. (1979). [2] Federal courts have also

State v. McInnes

133 So. 2d 581

District Court of Appeal of Florida | Filed: Sep 12, 1961 | Docket: 1600182

Cited 5 times | Published

order specifying whether the constitutionality of § 836.05, of the statutes was directly passed upon in considering

Calamia v. State

125 So. 3d 1007, 2013 WL 3238304, 2013 Fla. App. LEXIS 10304

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60235618

Cited 4 times | Published

the term “maliciously” in the extortion statute. § 836.05, Fla. Stat. (2009). Calamia also contends that

Nicor International Corp. v. El Paso Corp.

318 F. Supp. 2d 1160, 2004 U.S. Dist. LEXIS 9674

District Court, S.D. Florida | Filed: May 25, 2004 | Docket: 2339650

Cited 4 times | Published

817 of the Florida Statutes, extortion under Section 836.05 of the Florida Statutes, bribery and misuse

State v. O'HARA

478 So. 2d 24, 10 Fla. L. Weekly 522

Supreme Court of Florida | Filed: Sep 12, 1985 | Docket: 1741578

Cited 4 times | Published

JJ., concur. ADKINS, J., dissents. NOTES [1] § 836.05, Fla. Stat. (1981): Threats; extortion. Whoever

Achin v. State

387 So. 2d 375

District Court of Appeal of Florida | Filed: Jun 11, 1980 | Docket: 1355145

Cited 4 times | Published

crime of attempted extortion does not exist. Section 836.05 of the Florida Statutes (1977) reads: 836.05

Lennar Corp. v. BRIARWOOD CAPITAL LLC

430 B.R. 253, 22 Fla. L. Weekly Fed. B 487, 2010 Bankr. LEXIS 1446, 53 Bankr. Ct. Dec. (CRR) 66

United States Bankruptcy Court, S.D. Florida. | Filed: Apr 30, 2010 | Docket: 112573

Cited 3 times | Published

including: (a) extortion, as defined in Fla. Stat. § 836.05, in violation of Fla. Stat. § 772.102(a)(26);

Duan v. State

970 So. 2d 903, 2007 WL 4480757

District Court of Appeal of Florida | Filed: Dec 26, 2007 | Docket: 693376

Cited 3 times | Published

jury conviction for extortion, pursuant to section 836.05, Florida Statutes (2006), should be reversed

Matthews v. State

363 So. 2d 1066

Supreme Court of Florida | Filed: Jul 27, 1978 | Docket: 1513655

Cited 3 times | Published

initially and directly passed on the validity of Section 836.05 Florida Statutes (1973), thereby vesting jurisdiction

DEBBIE O'FLAHERTY-LEWIS v. STATE OF FLORIDA

230 So. 3d 15

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183887

Cited 2 times | Published

refrain from doing any act against his or her will.” § 836.05, Fla. Stat. (2015). “Maliciously” means intentionally

Avrich v. State

936 So. 2d 739, 2006 Fla. App. LEXIS 14034, 2006 WL 2422824

District Court of Appeal of Florida | Filed: Aug 23, 2006 | Docket: 64846347

Cited 2 times | Published

communicating on the internet, in violation of section 836.05, Florida Statutes (2004). Counts 2-9 charged

Parissay v. State

687 So. 2d 30, 1997 WL 1827

District Court of Appeal of Florida | Filed: Jan 3, 1997 | Docket: 318406

Cited 2 times | Published

violation of the criminal extortion statute. See § 836.05, Fla. Stat. (1995). AFFIRMED IN PART; VACATED

J.A.W. v. State

210 So. 3d 142, 2016 Fla. App. LEXIS 14467

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60260750

Cited 1 times | Published

(interpreting Florida’s extortion statute, section 836.05, Fla. Stat. (2009), “to mean that the intent

Dudley v. State

634 So. 2d 1093, 1994 Fla. App. LEXIS 1661, 1994 WL 63494

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 64747590

Cited 1 times | Published

(1991), count one; and extortion in violation of section 836.05, count two. Thereafter, the state filed notice

Taylor v. State

593 So. 2d 1147, 1992 WL 25834

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 1508964

Cited 1 times | Published

second-degree felony extortion pursuant to Section 836.05, Florida Statutes (1989). His crime was making

Dilla v. State

503 So. 2d 1316, 12 Fla. L. Weekly 703

District Court of Appeal of Florida | Filed: Mar 4, 1987 | Docket: 1733383

Cited 1 times | Published

Statutes (1985), and extortion in violation of section 836.05, Florida Statutes (1985). On November 20, 1985

Kevin F. Tomlinson v. State of Florida

Supreme Court of Florida | Filed: Aug 24, 2023 | Docket: 67723766

Published

conviction under Florida’s extortion law, section 836.05, Florida Statutes (2015)? In the decision before

KEVIN F. TOMLINSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 30, 2021 | Docket: 60025576

Published

of extortion under section 836.05, Florida Statutes (2020). Section 836.05 provides:

Hector Sanchez-Torres v. State of Florida

Supreme Court of Florida | Filed: May 13, 2021 | Docket: 59903107

Published

threaten” someone for certain enumerated benefits, § 836.05, Fla. Stat. (2019), and Florida courts have

Hector Sanchez-Torres v. State of Florida & Hector Sanchez-Torres v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Mar 12, 2020 | Docket: 16961858

Published

threaten” someone for certain enumerated benefits, § 836.05, Fla. Stat. (2019), and Florida courts have

Anthony Doyle v. State

240 So. 3d 95

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322699

Published

convictions and sentences for extortion under section 836.05, Florida Statutes (2015), and written threats

J.A.W. v. State

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 4426653

Published

(interpreting Florida's extortion statute, section 836.05, Fla. Stat. (2009), "to mean that the

United States v. Maynard Kenneth Godwin

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2014 | Docket: 2901351

Published

act against his or her will.” Fla. Stat. Ann. § 836.05. In acquitting Ellis of the predicate act of extortion

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

2012 [95 So.3d 868] and 2014. 8.23 EXTORTION § 836.05, Fla. Stat. To prove the crime of Extortion

Garcia v. Holdsworth (In re Holdsworth)

495 B.R. 544, 24 Fla. L. Weekly Fed. B 131, 2013 WL 2237530, 2013 Bankr. LEXIS 2130

United States Bankruptcy Court, M.D. Florida | Filed: May 21, 2013 | Docket: 65785329

Published

Holdsworths, the Garcias extorted them under section 836.05, Florida Statutes. As proof of that extortion

United States v. Kaplan

133 F.3d 826, 1998 U.S. App. LEXIS 886

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 1998 | Docket: 2036273

Published

facts of this case. See Fla. Stat. Ann. § 836.05 (defining the crime of extortion under Florida

United States v. Kaplan

133 F.3d 826

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 1998 | Docket: 211870

Published

on the facts of this case. See Fla. Stat. Ann. § 836.05 (defining the crime of extortion under Florida

Weekfall v. State

686 So. 2d 618, 1996 Fla. App. LEXIS 11632, 1996 WL 637699

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 64770402

Published

Week-fall with extortion, a second-degree felony. § 836.05, Fla. Stat. (1993). The information alleges that

Castaline v. State

645 So. 2d 561, 1994 Fla. App. LEXIS 11022, 1994 WL 637730

District Court of Appeal of Florida | Filed: Nov 16, 1994 | Docket: 64752246

Published

not, as urged, amount to a fundamental error. § 836.05, Fla.Stat. (1991); Fla.R.Crim.P. 3.390(d). See

Harrison v. State

641 So. 2d 486, 1994 Fla. App. LEXIS 8238, 1994 WL 444885

District Court of Appeal of Florida | Filed: Aug 19, 1994 | Docket: 64750409

Published

an unlawful threat, except as may fall under. § 836.05, F.S.4 In our view, forcing or attempting to force

Ago

Florida Attorney General Reports | Filed: Aug 23, 1993 | Docket: 3258309

Published

may be of use in addressing these situations: Section 836.05 — Threats; extortion. It is a second degree

Amendments to Florida Rules of Criminal Procedure

613 So. 2d 1307, 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

Supreme Court of Florida | Filed: Feb 11, 1993 | Docket: 64694361

Published

Board Employee Chapter 784 — Assault, Battery Section 836.05 — Threats, Extortion Section 836.10 — Written

Chestnut v. State

516 So. 2d 1144, 13 Fla. L. Weekly 45, 1987 Fla. App. LEXIS 11724, 1987 WL 3165

District Court of Appeal of Florida | Filed: Dec 24, 1987 | Docket: 64631554

Published

constitute a violation of the extortion statute, section 836.05, Florida Statutes (1985). Threats; extortion

Dixon v. State

506 So. 2d 55, 12 Fla. L. Weekly 1110, 1987 Fla. App. LEXIS 7880

District Court of Appeal of Florida | Filed: Apr 28, 1987 | Docket: 64626706

Published

characterizes as the lesser included offense of extortion, § 836.05, Fla.Stat. (1985), and that we should therefore

Sponheim v. State

416 So. 2d 54, 1982 Fla. App. LEXIS 20469

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 64590944

Published

within the crime of extortion as defined by section 836.05, Florida Statutes (1981). We, therefore, reverse

Kirvin v. Clark

396 So. 2d 1203, 1981 Fla. App. LEXIS 19262

District Court of Appeal of Florida | Filed: Apr 21, 1981 | Docket: 64581914

Published

such conduct, was guilty of a violation of Section 836.05, Florida Statutes (1979), a felony of the second

Matthews v. State

336 So. 2d 643, 1976 Fla. App. LEXIS 15360

District Court of Appeal of Florida | Filed: Jul 26, 1976 | Docket: 64554793

Published

threats of bodily injury, *644in violation of § 836.05, F.S.,1 while leading nighttime demonstrations

State ex rel. Burns v. Amidon

249 So. 2d 22, 1971 Fla. LEXIS 3587

Supreme Court of Florida | Filed: Jun 9, 1971 | Docket: 64520838

Published

containing two counts of extortion under Fla.Stat. § 836.05, F.S.A., and one count of inciting to commit perjury

Stone v. Hamic

189 So. 2d 908, 1966 Fla. App. LEXIS 4833

District Court of Appeal of Florida | Filed: Sep 14, 1966 | Docket: 64498037

Published

Hamic charging that Stone, in violation of section 836.05, Florida Statutes, F.S.A., threatened an injury

State v. McInnes

147 So. 2d 519

Supreme Court of Florida | Filed: Dec 21, 1962 | Docket: 60208639

Published

directly passes upon the constitutionality of F.S. § 836.05, F.S.A., in the rendition of [his] decision,”

Petersen v. Mayo

65 So. 2d 48, 1953 Fla. LEXIS 1276

Supreme Court of Florida | Filed: May 5, 1953 | Docket: 64484343

Published

of the petitioner under the provisions of F.S. § 836.05, F.S.A. The petitioner questions the sufficiency

Petersen v. Mayo

65 So. 2d 48, 1953 Fla. LEXIS 1276

Supreme Court of Florida | Filed: May 5, 1953 | Docket: 64484343

Published

of the petitioner under the provisions of F.S. § 836.05, F.S.A. The petitioner questions the sufficiency