Category: Criminal Offenses · Statute: F.S. 836.10 · Source: Florida Legislature
Understanding Written Threats in Florida
Under Florida Statute Section 836.10, the offense of making written threats covers a wide range of modern communications. It is a second-degree felony to write or send any communication—including physical letters, text messages, emails, social media posts, or direct messages—that threatens to kill or do bodily harm to another person, or threatens to conduct a mass shooting or an act of terrorism. Florida courts focus on the perspective of a reasonable recipient; the state does not need to prove that the defendant actually intended to carry out the threat, only that they intentionally sent a communication that a reasonable person would interpret as a serious threat of violence.
This charge frequently arises from heated online disputes, domestic disputes, or school-related threats. Because the statute specifically includes electronic communications, even a deleted post, a direct message on a gaming platform, or an anonymous forum thread can lead to felony charges if law enforcement can trace the IP address or device to the sender. The law applies regardless of whether the threat was directed at a specific individual or a broad group, making it one of Florida's primary tools for prosecuting online harassment and potential school violence threats.
Pretrial Release and Bail for Written Threats
In Florida, individuals arrested for making written threats under F.S. 836.10 face heightened scrutiny during their first appearance hearing. Because these charges often involve allegations of potential mass violence or domestic stalking, judges frequently impose strict non-monetary conditions alongside a cash or surety bond. Defendants can expect the court to issue a mandatory "no-contact" order protecting the victim or targeted institution, and judges commonly order GPS monitoring or restrict the defendant's access to the internet and electronic devices as a condition of pretrial release.
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