Florida Statute 836.10 | Lawyer Caselaw & Research

The 2024 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.

F.S. 836.10 on Google Scholar

F.S. 836.10 on Casetext

Amendments to 836.10

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

Annotations, Discussions, Cases:

Cases Citing Statute 836.10

Total Results: 20

Vinzett Lamar Watkins v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-07

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-31

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

Joshua Terrel Brown v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2023-11-29

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2023-11-15

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

DAVID J. BLAISDELL v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-07-12

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

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

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

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

N.H., A CHILD vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-27

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

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

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: W. delinquent based upon a violation of section 836.10, Florida Statutes (2020), for communicating a written

Kojo Khayrallah v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-14

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-04-14

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

VENTURA GOMEZ v. State

Court: District Court of Appeal of Florida | Date Filed: 2021-01-20

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

N.D., A JUVENILE v. State

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

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

DAVID PUY v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-04-15

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

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

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 1024

Snippet: to amendments made by the Legislature to section 836.10, Florida Statutes (2018). See Ch. 2018-3

Aglio v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-27

Citation: 246 So. 3d 571

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

Anthony Doyle v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-02-19

Citation: 240 So. 3d 95

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

J.A.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

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

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

J.A.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

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

Kingland Estates, Ltd. v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 170 So. 3d 825, 2015 Fla. App. LEXIS 8785, 2015 WL 3609072

Snippet: daughter’s blog in violation of sections 836.05, 836.10, 895.02 of the Florida Statutes; b. making

Cannon v. Thomas

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

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

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