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F.S. 790.161 on Google Scholar

F.S. 790.161 on Casetext

Amendments to 790.161


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.161 Florida Statutes and Case Law
790.161 Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties.—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:
(1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.
(2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.
(3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.
(4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.
History.—s. 1, ch. 59-29; s. 6, ch. 69-306; s. 1, ch. 70-85; s. 747, ch. 71-136; s. 6, ch. 72-724; s. 2, ch. 76-38; s. 44, ch. 88-381; s. 3, ch. 90-124; s. 3, ch. 90-176; s. 19, ch. 93-406; s. 2, ch. 94-228; s. 3, ch. 98-3.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 790.161 on Google Scholar

F.S. 790.161 on Casetext

Amendments to 790.161


Arrestable Offenses / Crimes under Fla. Stat. 790.161
Level: Degree
Misdemeanor/Felony: First/Second/Third

790.161 1 - EXPLOSIVES-USING - THROW PROJECT ETC ATTEMPT DESTRUCTIVE DEVICE - F: T
790.161 1 - EXPLOSIVES-POSSESSING - MAKE OR ATTEMPT TO MAKE DESTRUCTIVE DEVICE - F: T
790.161 2 - EXPLOSIVES-USING - PROJECT ETC ATT DESTRUCT DVC WIT BODILY HARM - F: S
790.161 2 - EXPLOSIVES-POSSESSING - MAKE OR ATT DESTRUCT DVC WIT CAUSE BODILY HARM - F: S
790.161 3 - EXPLOSIVES-USING - THROW ETC DESTRUCT DVC BODILY HARM PROP DMG - F: F
790.161 3 - EXPLOSIVES-POSSESSING - MAKE ATT DESTRUCTIVE DVC WIT HARM OR DMG PROP - F: F
790.161 4 - EXPLOSIVES-USING - THROW ETC ATT DESTRUCT DEVICE RESULT IN DEATH - F: C
790.161 4 - EXPLOSIVES-POSSESSING - MAKE ATTEMPT DESTRUCTIVE DVC RESULT IN DEATH - F: C

Civil Citations / Citable Offenses under S790.161
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 790.161.

Annotations, Discussions, Cases:

  1. In re Standard Jury Instructions

    285 So. 3d 1281 (Fla. 2019)
    Lesser Included Offenses POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE RESULTING IN [BODILY HARM TO ANOTHER PERSON] [PROPERTY DAMAGE] — 790.161(3) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possessing, throwing, 790.161(1) 10.7(a) making, placing, projecting, or discharging destructive device Possessing, throwing, 790.161(2) 10.7(b) making, placing, projecting, or discharging destructive device, etc. Aggravated assault 784.021 8.2 Assault 784.011 8.1
    PAGE 1288

  2. Standard Jury Instructions in Crim. Cases

    723 So. 2d 123 (Fla. 1998)   Cited 28 times

    10 790.07 790.01 790.10 790.10 784.011 790.15 790.161 790.161 790.161 784.021 784.011 790.161 790.161 790.161 784.021 784.011 790.161 790.161 790.161 790.161 784.021 784.011 790.162 784.011 790.163 790.164

  3. State v. Rhoden

    448 So. 2d 1013 (Fla. 1984)   Cited 165 times
    The respondent was initially charged as a juvenile for the offense of discharging a destructive device. At the time of the offense, the respondent was seventeen years old. He was tried as an adult, however, and was convicted and sentenced to a mandatory ten-year term pursuant to section 790.161( 3), Florida Statutes (1981). At sentencing, the trial judge failed to address the six criteria pertaining to the suitability or unsuitability of adult sanctions contained in section 39.111(6)(c) and failed to place in writing his findings and reasons for sentencing the respondent as an adult, as required in section 39.111(6)(d). Section 39.111(6)(c) directs that the "[s]uitability or nonsuitability for adult sanctions shall be determined by the court before any other determination of disposition. . . . [and] shall be made by reference to" six specified criteria. Subsection (6)(d) further directs that "[a]ny decision to impose adult sanctions shall be in writing, and it shall be in conformity with each of the above criteria. The court shall render a specific finding of fact and the reasons for the decision to impose adult sanctions. Such order shall be reviewable on appeal by the…
    PAGE 1015

  4. In re Standard Jury Instructions in Criminal Cases-Report 2018-08

    259 So. 3d 754 (Fla. 2018)   Cited 2 times
    POSSESSING, THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE — 790.161(4) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Possessing, throwing, 790.161( 1 3) 10.7( a c) making, placing, projecting, or discharging destructive device resulting in bodily harm Possessing, throwing, 790.161( 3 1) 10.7( c a) making, placing, projecting, or discharging destructive device Possessing, throwing, 790.161(2) 10.7(b) making, placing, projecting, or discharging destructive device, etc. Aggravated assault 784.021 8.2 Assault 784.011 8.1
    PAGE 765

  5. Schoonover v. State

    176 So. 3d 994 (Fla. Dist. Ct. App. 2015)
    790.161(3), 775.087(2)(a)(1) and 775.087(2)(a)(2)
    PAGE 995

  6. Standard Jury Instructions — Crim. Cases

    603 So. 2d 1175 (Fla. 1992)   Cited 43 times

    device. A "destructive device" is defined as 790.001 790.161 THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE F.S. 790.161(2) Before you can find the defendant guilty of the State

    affairs of .] A "destructive device" is defined as 790.001 790.161 THROWING, MAKING, PLACING, PROJECTING, OR DISCHARGING DESTRUCTIVE DEVICE F.S. 790.161(3) Before you can find the defendant guilty of the State

  7. Wallace v. State

    860 So. 2d 494 (Fla. Dist. Ct. App. 2003)   Cited 8 times
    Appellant was charged with and convicted of a violation of section 790.161, Florida Statutes (1999), which provides that "[a] person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device" is guilty of a second degree felony when there is an intent to damage property. § 790.161(2). Section 775.087(2) provides for the penalty:
    PAGE 497

  8. Atwell v. State

    197 So. 3d 1040 (Fla. 2016)   Cited 122 times
    (a) If convicted of murder in the first degree or of a capital felony under s. 790.161, shall be ineligible for parole.
    PAGE 1044

  9. Schoonover v. State

    176 So. 3d 994 (Fla. Dist. Ct. App. 2015)
    790.161(3), 775.087(2)(a)(1) and 775.087(2)(a)(2)
    PAGE 995

  10. McGouirk v. State

    493 So. 2d 1016 (Fla. 1986)   Cited 21 times
    These reasons for departure, we believe, impermissibly duplicate an inherent component of the crime. Section 790.161 criminalizes the placing or discharging of any destructive device "with intent to do bodily harm to any person." Because the legislature has defined the crime as including such intent, a conviction under the statute will necessarily involve a disregard for human life. Similarly, the placing of any such bomb will inevitably reflect a high level of premeditation. The justifications are therefore impermissible under our decisions of State v. Mischler, 488 So.2d 523 (Fla. 1986), and State v. Cote, 487 So.2d 1039 (Fla. 1986).
    PAGE 1018