What is written threat to kill, do bodily injury, conduct a mass shooting or conduct an act of terrorism in Florida?
The crime of Written Threat to Kill, Do Bodily Injury, Conduct a Mass Shooting, or Conduct an Act of Terrorism is a Second Degree Felony that is punishable by up to 15 years in prison and a $10,000 fine.
This offense occurs when a:
- Person wrote or composed a letter, electronic communication or inscribed communication.
- The communication contained a threat to do bodily injury or kill the victim or any member of the victim’s family; and
- The person sent the communication or procured the sending of the communication to the same victim. OR
- The person made, posted or transmitted a writing or other record.
- The writing or other record contained a threat to conduct a mass shooting or an act of terrorism; and
- Person made, posted or transmitted the writing or other record in a manner that allowed another person to view the threat.
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.
O’Leary v. State: On threat sent to victim’s family.
Saidi v. State: On First Amendment activities.
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If you have been arrested or believe you will soon be arrested for the offense of written threat to kill, do bodily injury, conduct a mass shooting or conduct an act of terrorism 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.
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