What is threat to kill, do serious bodily harm to a public official or family member of a public official in Florida?

The crime of Threat to Kill, Do Serious Bodily Harm to a Public Official or Family Member of a Public Official is a First Degree Misdemeanor that is punishable by up to 1 year in jail and a $1,000 fine.

This offense occurs when a:

1. Person threatened to kill or do serious bodily injury to a Public Official or family member of Public Official.  
2. At the time, the victim was a Public Official or a family member of a law enforcement officer, state attorney, assistant state attorney, firefighter, judge, or an elected official.
3. The person knew the victim was a Public Official or a family member of a law enforcement officer, state attorney, assistant state attorney, firefighter, judge, or an elected official.

An “inscribed communication” is a communication that is written or printed.

To “procure” means to persuade, induce, prevail upon, or cause a person to do something.

A “record” includes an electronic record.

Defenses Written Threat to Kill, Do Bodily Injury, Conduct a Mass Shooting or Conduct an Act of Terrorism.

• Involved in First Amendment activity.
• Communication constitutes a non-threatening figure of speech.
• Threat does not propose bodily injury or killing. 

References: 

O’Leary v. State: On threat sent to victim’s family.

Saidi v. State: On First Amendment activities.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of threat to kill, do serious bodily harm to a public official or family member of a public official in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.