Florida Statutes

Fla. Stat. § 836.10 (2025)

Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability.

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836.10 Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism; punishment; exemption from liability.—

(1) As used in this section, the term “electronic record” means any record created, modified, archived, received, or distributed electronically which contains any combination of text, graphics, video, audio, or pictorial represented in digital form, but does not include a telephone call.

(2) It is unlawful for any person to send, post, or transmit, or procure the sending, posting, or transmission of, a writing or other record, including an electronic record, in any manner in which it may be viewed by another person, when in such writing or record the person makes a threat to:

(a) Kill or to do bodily harm to another person; or

(b) Conduct a mass shooting or an act of terrorism.

A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) This section does not impose liability on a provider of an interactive computer service, communications services as defined in s. 202.11, a commercial mobile service, or an information service, including, but not limited to, an Internet service provider or a hosting service provider, if it provides the transmission, storage, or caching of electronic communications or messages of others or provides another related telecommunications service, commercial mobile radio service, or information service for use by another person who violates this section. This exemption from liability is consistent with and in addition to any liability exemption provided under 47 U.S.C. s. 230.

History.—s. 1, ch. 6503, 1913; RGS 5094; CGL 7196; s. 995, ch. 71-136; s. 1, ch. 2010-51; s. 17, ch. 2018-3; s. 1, ch. 2018-128; s. 2, ch. 2021-220.

Arrestable Offenses under F.S. 836.10

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§836.10(1)INTIMIDATIONREMOVEDF · 2nd

§836.10(1)INTIMIDATIONRENUMBERED. SEE REC # 9471F · 2nd

§836.10(1)INTIMIDATIONRENUMBERED. SEE REC # 9472F · 2nd

§836.10HOMICIDE-WILFUL KILLERRORF · 2nd

§836.10INTIMIDATIONRENUMBERED. SEE REC # 8852F · 2nd

§836.10INTIMIDATIONRENUMBERED. SEE REC # 8853F · 2nd

§836.10INTIMIDATIONRENUMBERED. SEE REC # 8854F · 2nd

§836.10INTIMIDATIONRENUMBERED. SEE REC # 8851F · 2nd

§836.10(2a)INTIMIDATIONWRITTEN/ELEC THREAT TO KILL BODILY HARM ANOTHRF · 2nd

§836.10(2b)INTIMIDATIONRENUMBERED. SEE REC #10654F · 2nd

§836.10THREAT - TERRORISTIC - STATE OFFENSESWRITTEN/ELEC THREAT MASS SHOOTNG/TERRORISM ACTF · 2nd

Notes of Decisions

Cited in 36 cases (13 in the last 5 years), 1977–2026 · leading case: Suggs v. State, 72 So. 3d 145 (Fla. 4th DCA 2011).

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Suggs v. State, 72 So. 3d 145 (Fla. 4th DCA 2011). · cites it 48× “§ 836.10, Fla. Stat. (2004). [3] As noted in State v.”

O'Leary v. State, 109 So. 3d 874 (Fla. 1st DCA 2013). · cites it 15× “We have for review the trial court’s denial of Timothy Ryan O’Leary’s motion to dismiss the two counts of sending written threats to kill or do bodily harm in violation of section 836.10, Florida Statutes (2011). Appellant argues that, because the threats at issue were simply…”

Macchione v. State, 123 So. 3d 114 (Fla. 5th DCA 2013). · cites it 15× “to any person, containing a threat to kill or do bodily injury to the person to whom such letter or communication is sent_” § 836.10, Fla. Stat. (2009). 1 Of these convictions, Macchione challenges only the latter, contending that the trial court committed reversible error in…”

Saidi v. State, 845 So. 2d 1022 (Fla. 5th DCA 2003). · cites it 12× “See § 836.10, Fla. Stat.; Dudley v. State, 634 So.”

Reilly v. Florida, Dep't of Corr., 847 F. Supp. 951 (M.D. Fla. 1994). · cites it 19× “021, Florida Statutes was unconstitutional; (2) Section 836.10, Florida Statutes was unconstitutional; (3) Section 790.”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-11., 260 So. 3d 1024 (Fla. 2018). · cites it 11× “To prove the crime of Written Threat to [Kill] [Do Bodily Injury] [Conduct a Mass Shooting] [Conduct an Act of Terrorism] , the State must prove the following three elements beyond a reasonable doubt: * There are two ways to violate § 836.10, Fla. Stat. Give as applicable. 1.”

Smith v. State, 532 So. 2d 50 (Fla. 2d DCA 1988). · cites it 4× “NOTES [1] Respectively, § 836.10, Fla. Stat. (1987) and § 838.021(3)(b), Fla.”

State v. Wise, 664 So. 2d 1028 (Fla. 2d DCA 1995). · cites it 6× “Appellee Percell Wise was charged by information filed in Pinellas County, Florida, with forty-three counts of making written threats in violation of section 836.10, Florida Statutes (1991). Wise filed a motion to dismiss the information, alleging the trial court lacked…”

In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-04, 131 So. 3d 720 (Fla. 2013). · cites it 2× “22 WRITTEN THREAT TO [KILL] [DO BODILY INJURY] § 836.10, Fla. Stat. To prove the crime of Written Threat to [Kill] [Do Bodily Injury], the State must prove the following three elements beyond a reasonable doubt: 1.”

Dudley v. State, 634 So. 2d 1093 (Fla. 2d DCA 1994). · cites it 4× “When a police investigation revealed that Dudley had written the letter, he was charged with making a written threat to kill or do bodily injury in violation of section 836.10, Florida Statutes (1991), count one; and extortion in violation of section 836.”

Flowers v. State, 351 So. 2d 387 (Fla. 1st DCA 1977). · cites it 2× “On February 18, 1976 a jury found Flowers guilty of sending a written threat to kill or injure another both a circuit judge and a social worker in violation of Section 836.10, Florida Statutes (1975). The offense was unquestionably grave, but the trial judge noted Flowers'…”

J.A.W. v. State, 210 So. 3d 142 (Fla. 2d DCA 2016). · cites it 16× “, a juvenile, appeals his disposition for sending written threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have committed this delinquent act after he posted on Twitter that he was going to *143 “shoot up” his school.”

Show all 36 citing cases →

— 836.10(1) — 4 cases

N.d., a Juv. v. State (Fla. 3d DCA 2020).

T.r.w., a Child v. State of Florida (Fla. 4th DCA 2023).

O.h., a Child v. State of Florida (Fla. 4th DCA 2021).

Daniel Julio Dominguez v. State of Florida (Fla. 1st DCA 2026).

— 836.10(2) — 6 cases

Illiana Grigoriou v. State of Florida (Fla. 4th DCA 2025).

Daniel Julio Dominguez v. State of Florida (Fla. 1st DCA 2026).

N.h., a Child Vs State of Florida (Fla. 1st DCA 2023).

Vinzett Lamar Watkins v. State of Florida (Fla. 5th DCA 2024).

T.r.w., a Child v. State of Florida (Fla. 4th DCA 2023).

— 836.10(2)(a) — 1 case

N.h., a Child Vs State of Florida (Fla. 1st DCA 2023).

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