Florida Statute 836.10 - 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. 836.10

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.

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Amendments to 836.10

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 836.10

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

S836.10 - INTIMIDATION - RENUMBERED. SEE REC # 8851 - F: S

S836.10 - HOMICIDE-WILFUL KILL - ERROR - F: S

S836.10 - INTIMIDATION - RENUMBERED. SEE REC # 8852 - F: S

S836.10 - INTIMIDATION - RENUMBERED. SEE REC # 8853 - F: S

S836.10 - INTIMIDATION - RENUMBERED. SEE REC # 8854 - F: S

S836.10 1 - INTIMIDATION - RENUMBERED. SEE REC # 9471 - F: S

S836.10 1 - INTIMIDATION - RENUMBERED. SEE REC # 9472 - F: S

S836.10 1 - INTIMIDATION - REMOVED - F: S

S836.10 2a - INTIMIDATION - WRITTEN/ELEC THREAT TO KILL BODILY HARM ANOTHR - F: S

S836.10 2b - INTIMIDATION - WRITTEN/ELEC THREAT MASS SHOOTNG/TERRORISM ACT - F: S

Cases Citing Statute 836.10

Total Results: 36

Flowers v. State

351 So. 2d 387

District Court of Appeal of Florida | Filed: Nov 4, 1977 | Docket: 1246716

Cited 20 times | Published

judge and a social worker in violation of Section 836.10, Florida Statutes (1975). The offense was unquestionably

Smith v. State

532 So. 2d 50, 1988 WL 102572

District Court of Appeal of Florida | Filed: Oct 5, 1988 | Docket: 277006

Cited 15 times | Published

they communicate are not difficult to divine. Section 836.10 makes it a felony to send or procure the sending

Saidi v. State

845 So. 2d 1022, 2003 WL 21238637

District Court of Appeal of Florida | Filed: May 30, 2003 | Docket: 1432445

Cited 11 times | Published

threats of death or bodily injury in violation of section 836.10, Florida Statutes (2001). The charge arose

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-04

131 So. 3d 720, 38 Fla. L. Weekly Supp. 877, 2013 WL 6305393, 2013 Fla. LEXIS 2640

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238161

Cited 5 times | Published

22 WRITTEN THREAT TO [KILL] [DO BODILY INJURY] § 836.10, Fla. Stat. To prove the crime of Written Threat

Reilly v. Florida, Department of Corrections

847 F. Supp. 951, 1994 U.S. Dist. LEXIS 3930, 1994 WL 110840

District Court, M.D. Florida | Filed: Mar 31, 1994 | Docket: 952282

Cited 5 times | Published

threat to kill or do bodily injury pursuant to § 836.10, Florida Statutes (1985); two counts of corruption

Macchione v. State

123 So. 3d 114, 2013 WL 5575560, 2013 Fla. App. LEXIS 16195

District Court of Appeal of Florida | Filed: Oct 11, 2013 | Docket: 60234864

Cited 4 times | Published

stalking with a credible threat, and violation of section 836.10, Florida Statutes (2009), which makes it a

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

statute criminalizing a threat of bodily harm, section 836.10, constitute a violation of double jeopardy

Parker v. State

563 So. 2d 1130, 1990 WL 95450

District Court of Appeal of Florida | Filed: Jul 12, 1990 | Docket: 1281850

Cited 4 times | Published

to kill or do bodily injury" in violation of section 836.10, Florida Statutes (1987). At trial the question

Carter v. State

409 So. 2d 127

District Court of Appeal of Florida | Filed: Jan 27, 1982 | Docket: 525822

Cited 3 times | Published

do bodily injury to another, in violation of section 836.10, Florida Statutes (1979). The court, upon the

O'Leary v. State

109 So. 3d 874, 2013 WL 1091690, 2013 Fla. App. LEXIS 4221

District Court of Appeal of Florida | Filed: Mar 18, 2013 | Docket: 60229836

Cited 2 times | Published

threats to kill or do bodily harm in violation of section 836.10, Florida Statutes (2011). Appellant argues

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

written threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have

Suggs v. State

72 So. 3d 145, 2011 Fla. App. LEXIS 16072, 2011 WL 2031302

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2355272

Cited 1 times | Published

state charged the defendant with violating section 836.10, Florida Statutes (2004), entitled "Written

State v. Wise

664 So. 2d 1028, 1995 Fla. App. LEXIS 11925, 1995 WL 675187

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 64760933

Cited 1 times | Published

counts of making written threats in violation of section 836.10, Florida Statutes (1991). Wise filed a motion

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

to kill or do bodily injury in violation of section 836.10, Florida Statutes (1991), count one; and extortion

Illiana Grigoriou v. State of Florida

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525662

Published

injury, in violation of section 836.10(2), Florida Statutes (2022). Section 836.10(2) pertinently provides:

Vinzett Lamar Watkins v. State of Florida

District Court of Appeal of Florida | Filed: Jun 7, 2024 | Docket: 68838091

Published

sensibly be a valid defense to the convicted crime. § 836.10(2), Fla. Stat. (2021). Furthermore, with no records

I. R. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814078

Published

to kill or do bodily injury, in violation of section 836.10, Florida Statutes (2022). 1 He argues the

Joshua Terrel Brown v. State of Florida

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68043002

Published

communication is sent. Thus, we hold that, under section 836.10, the unit of allowable prosecution is determined

B.W.B., A Child v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008460

Published

threats to kill or do bodily harm in violation of section 836.10, Florida Statutes (2021). He argues the trial

DAVID J. BLAISDELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 12, 2023 | Docket: 67600931

Published

affirm the defendant’s conviction for violating section 836.10, Florida Statutes (2021). We also affirm the

A.J.M., A MINOR vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 21, 2023 | Docket: 68034486

Published

one count of written threats in violation of section 836.10, Florida Statutes (2021), a second-degree

N.H., A CHILD vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 27, 2023 | Docket: 68034729

Published

these facts, N.H. was arrested for violating section 836.10, Florida Statutes (2022), which is entitled:

T.R.W., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814479

Published

T.R.W. delinquent based upon a violation of section 836.10, Florida Statutes (2020), for communicating

Kojo Khayrallah v. State of Florida

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346486

Published

person to whom such [] communication is sent.” § 836.10, Fla. Stat. (2017). Khayrallah’s principal argument

O.H., A CHILD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819922

Published

threat to kill or do bodily harm in violation of section 836.10(1), Florida Statutes (2019). Appellant raises

VENTURA GOMEZ v. State

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030403

Published

meaning to preserve the constitutionality of section 836.10, Florida Statutes.

N.D., A JUVENILE v. State

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18615737

Published

to appeal the denial of a motion to declare section 836.10(1), Florida Statutes (2018), unconstitutional

DAVID PUY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070193

Published

investigate. Appellant was charged with violating section 836.10, Florida Statutes (2018), which states the

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.

260 So. 3d 1024

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439935

Published

response to amendments made by the Legislature to section 836.10, Florida Statutes (2018). See Ch

Aglio v. State

246 So. 3d 571

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7296282

Published

petition. 1 Aglio is charged with violating section 836.10, Florida Statutes (2018), which provides:

Anthony Doyle v. State

240 So. 3d 95

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

Published

threats to kill or do bodily injury under section 836.10, Florida Statutes (2015), arguing that the

J.A.W. v. State

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

Published

threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have

Cannon v. Thomas

133 So. 3d 634, 2014 WL 949856, 2014 Fla. App. LEXIS 3609

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238859

Published

would have qualified as a second offense under section 836.10, Florida Statutes (2012). That statute provides

Walker v. State

763 So. 2d 495, 2000 Fla. App. LEXIS 8766, 2000 WL 964559

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64799023

Published

of the letters he was charged with violating section 836.10, Florida Statutes (1997). Appellant’s trial

Ago

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

Published

threatening messages the statute may be useful. Section 836.10 — Written threats to kill or do bodily injury;

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

Battery Section 836.05 — Threats, Extortion Section 836.10 — Written Threats to Kill or Do Bodily Injury