Laws Regarding Death Threats in Florida

• Making death threats in Florida is considered a second-degree felony. Doug Berry/Photodisc/Getty Images

  If someone has made a death threat to another person within the state of Florida, he has committed a very serious criminal offense. This criminal offense rises to the level of a second-degree felony according to Florida law. Anyone convicted of this crime can be imprisoned for up to 15 years and might have to pay a fine of $10,000 in addition to, or in lieu of, imprisonment.

Death Threat

• Florida statute section 836 addresses written threats to kill or do bodily harm and the punishment for anyone making these types of threats. According to this statute, anyone who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electric communication that threatens to kill or do bodily harm to someone commits a felony in the second degree. The letter or other form of communication can be signed by the composer or anonymous. The threat to kill or do bodily harm does not have to be directed at the recipient of the letter. The letter or other form of communication could also be a threat to kill or do bodily harm to a member of the family of the person who has received the letter or other form of communication.

Punishment

• Anyone who has been convicted of the crime of making a death threat may be sentenced to imprisonment and/or a fine. For the purpose of this crime, conviction means that he has been found guilty in a court of law, or that he has pled guilty or nolo contendere. The punishments for a felony in the second degree, such as the felony of making a death threat, can be found in Florida statutes sections 775.082, 775.083, and 775.084. Anyone who has been convicted of the felony of making a death threat to another person can be imprisoned for up to 15 years in Florida. A person convicted of making a death threat may be sentenced to pay a fine in addition to imprisonment or in lieu of imprisonment. A fine of up to $10,000 can be levied.

Additional Punishment

• If the person convicted of making a death threat turns out to be a habitual violent felony offender, additional punishment may apply. This could happen if she has been convicted of two or more felonies or if she made the death threat while serving a sentence or within five years of her last felony conviction.