Florida Statutes
Fla. Stat. § 836.05 (2025)
Threats; extortion.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Arrestable Offenses under F.S. 836.05
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§836.05(1)EXTORTEXTORT OR THREATEN ANOTHER PERSON
§836.05(1)EXTORTMALICIOUSLY THREATEN INJURY TO ANOTHER PERSON
§836.05(2)EXTORTFOREIGN AGENT EXTORT/THREATEN ANOTHER PERSON
§836.05(2)EXTORTFOREIGN AGENT THREAT INJURY TO ANOTHER PERSON
§836.05EXTORTRENUMBERED. SEE REC # 9967
Notes of Decisions
Cited in 84
cases (18 in the last 5 years), 1953–2026 · leading case: Calamia v. State, 125 So. 3d 1007 (Fla. 5th DCA 2013).
Calamia v. State, 125 So. 3d 1007 (Fla. 5th DCA 2013). “§ 836.05, Fla. Stat. (2009). Calamia also contends that the court erred in instructing the jury that a communication to a third party is sufficient for a “communication” within the meaning of the statute.”
Miami Herald Publ'g Co. v. Ferre, 636 F. Supp. 970 (S.D. Fla. 1985). “” FERRE contends that these alleged threats constitute a violation of Section 836.05, Florida Statutes, which makes it a felony to maliciously threaten to accuse another of any crime or offense with the intent to extort money or any pecuniary advantage or to compel another to…”
O'HARA v. State, 448 So. 2d 524 (Fla. 5th DCA 1984). “COWART, Judge, dissenting: O'Hara was convicted of violating two criminal statutes, extortion (§ 836.05, Fla. Stat. (1981)) and grand theft (§ 812.”
Carricarte v. State, 384 So. 2d 1261 (Fla. 1980). “§ 836.05, Fla. Stat. (1977). See State v.”
Duan v. State, 970 So. 2d 903 (Fla. 1st DCA 2007). “§ 836.05, Fla. Stat. (2006) (emphasis added).”
Debbie O'flaherty-lewis v. State of Florida, 230 So. 3d 15 (Fla. 4th DCA 2017). “” § 836.05, Fla. Stat. (2015). “Maliciously” means intentionally and without any lawful justification.”
Achin v. State, 436 So. 2d 30 (Fla. 1982). “The state charged petitioner with extortion under section 836.05, Florida Statutes (1977). [2] In a jury trial, at the jury instruction *31 charge conference, the following exchange occurred: THE COURT: Do either of you have any special instructions to present to the Court? MR.”
Nicor Int'l Corp. v. El Paso Corp., 318 F. Supp. 2d 1160 (S.D. Fla. 2004). “§ 836.05, Fla. Stat. Additionally, under federal law, extortion means “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened, violence, fear, or under color of official right.”
Gordon v. Gordon, 625 So. 2d 59 (Fla. 4th DCA 1993). “He argued, however, that he threatened her with disclosure only so that she could not claim alimony on the basis of the unreported income from her business. We held: "We have a certain amount of sympathy for [his] position, but the fact remains he committed the crime of…”
United States v. Al-Arian, 308 F. Supp. 2d 1322 (M.D. Fla. 2004). “But, the parties disagree on whether the government alleges facts in the Indictment to support extortion as a racketeering activity. Specifically, Defendants argue that there is no allegation that the PIJ obtained or attempted to obtain property.”
State v. McInnes, 133 So. 2d 581 (Fla. 1st DCA 1961). “The State's motion to remand is therefore granted, the jurisdiction of this court temporarily relinquished and the cause remanded to the trial court for the entry of an amended order on appellee's motion to quash the amended information, with directions that such order as may be…”
State v. Cohen, 568 So. 2d 49 (Fla. 1990). “For example, some conduct of this type may constitute extortion that would be criminal under section 836.05, Florida Statutes (1989). Threatening to expose people to public disgrace if they do not testify truthfully would be illegal.”
— 836.05(1) — 1 case
Kevin F. Tomlinson v. State of Florida (Fla. 2023).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.