Category: Criminal Offenses · Statute: F.S. 836.10 · Source: Florida Legislature
Understanding Making Threats (Written) in Florida
In Florida, the offense of making written threats under Florida Statute Section 836.10 has expanded significantly in the digital age. It is no longer limited to traditional paper letters. The law prosecutes anyone who writes, composes, and sends any communication threatening to kill or do bodily harm to another person, or threatening to conduct a mass shooting or an act of terrorism. Because the statute covers electronic communications, individuals are frequently charged under this law for sending text messages, posting on social media platforms, sending direct messages, or publishing threat-related content on online forums, regardless of whether they had the actual physical capability or immediate intent to carry out the threat.
To secure a conviction, Florida prosecutors must prove that the defendant wrote or composed the threat and sent it, or caused it to be sent. Crucially, the legal standard is objective: the state must show that a reasonable person would perceive the writing as a threat to kill or injure. It is not a valid defense to claim the message was a joke, an angry outburst, or that the sender did not intend to actually execute the violence. Because it is classified as a second-degree felony, an individual facing this charge faces severe statutory penalties, including up to 15 years in Florida state prison and a fine of up to $10,000.
Bail and Pretrial Release for Written Threats
Because written threats often involve allegations of potential mass violence, domestic harm, or school-related threats, judges view these charges with extreme caution during first appearance hearings. Defendants charged under Section 836.10 are rarely released on a standard bond schedule without a hearing. Instead, judges frequently impose high cash or surety bond amounts alongside strict pretrial release conditions. These conditions routinely include absolute "no-contact" orders protecting the victim, mandates to surrender all firearms, and strict bans on using social media or the internet while the criminal case is pending.
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