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Florida Statute 790.162 | Lawyer Caselaw & Research
F.S. 790.162 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 790.162

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
F.S. 790.162
790.162 Threat to throw, project, place, or discharge any destructive device, felony; penalty.It is unlawful for any person to threaten to throw, project, place, or discharge any destructive device with intent to do bodily harm to any person or with intent to do damage to any property of any person, and any person convicted thereof commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 2, ch. 59-29; s. 7, ch. 69-306; s. 748, ch. 71-136; s. 45, ch. 88-381; s. 4, ch. 90-124; s. 4, ch. 90-176.

F.S. 790.162 on Google Scholar

F.S. 790.162 on Casetext

Amendments to 790.162


Arrestable Offenses / Crimes under Fla. Stat. 790.162
Level: Degree
Misdemeanor/Felony: First/Second/Third

S790.162 - THREAT TO BOMB - THREATEN DISCHARGE DESTRUCTIVE DEVICE - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 231 So. 3d 384 (Fla. 2017)

. . . Next, instruction 10.8 is amended to make clear that the offense as charged under section 790.162,' Florida . . . 356 So.2d 3M-(Fla. 1978), 10.8 THREAT TO THROW, PLACE, PROJECT, OR DISCHARGE ANY DESTRUCTIVE DEVICE § 790.162 . . .

PEREZ v. FLORIDA., 137 S. Ct. 853 (U.S. 2017)

. . . . § 790.162 (2007). . . .

UNITED STATES v. PENDLETON,, 665 F. App'x 836 (11th Cir. 2016)

. . . . § 790.162, does not qualify as a violent felony under the ACCA. . . . Stat. § 790.162 is divisible and has consequently waived any argument to the contrary. . . . Whether a conviction under § 790.162 qualifies as a violent felony through the enumerated clause of the . . . Pendleton concedes that § 790.162 is divisible and that some violations of the statute would qualify . . .

LANIER, v. STATE, 983 So. 2d 658 (Fla. Dist. Ct. App. 2008)

. . . Lanier was charged with threatening to throw a destructive device — a bomb — in violation of section 790.162 . . .

DRAGANI, v. STATE, 759 So. 2d 745 (Fla. Dist. Ct. App. 2000)

. . . . § 790.162, Fla. Stat. (1997). .§ 782.082(8), Fla. Stat. (1997). . . .

KEENE, v. STATE, 689 So. 2d 1176 (Fla. Dist. Ct. App. 1997)

. . . discharge a destructive device at the newspaper office of the jBradenton Herald, in violation of section 790.162 . . .

BROWN, Jr. v. STATE, 587 So. 2d 563 (Fla. Dist. Ct. App. 1991)

. . . .-13(2), and threatening to throw, place or discharge any destructive device, contrary to section 790.162 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Section 790.162, Florida Statutes, was amended by Chapter 88-381, § 45, Laws of Florida. . . . PLACE, PROJECT, OR DISCHARGE ANY DESTRUCTIVE DEVICE F.S. 790.162 Before you can find the defendant guilty . . .

SPELLMAN, Jr. v. STATE, 529 So. 2d 305 (Fla. Dist. Ct. App. 1988)

. . . prohibit a threat to "throw, place, or discharge any destructive device with intent to do bodily harm,” § 790.162 . . .

McGEE, v. STATE, 463 So. 2d 422 (Fla. Dist. Ct. App. 1985)

. . . counsel failed to raise on appeal the following issue: Whether, in order to prove a violation of section 790.162 . . .

VALDES, v. STATE, 443 So. 2d 221 (Fla. Dist. Ct. App. 1983)

. . . robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162 . . . He contends on appeal that the State failed to prove an essential element of Section 790.162 and that . . . acquittal should have been granted as to that count of the information charging him with violating Section 790.162 . . . It is contended that Section 790.162 requires the State to prove that a defendant acted with intent to . . . We agree with the Second District and hold that in order to obtain a conviction under Section 790.162 . . .

A. VALDES, v. STATE, 443 So. 2d 223 (Fla. Dist. Ct. App. 1983)

. . . robbery and for threatening to throw, place, or discharge a destructive device in violation of Section 790.162 . . . He was arrested and charged with unarmed robbery and with violating Section 790.162, Florida Statutes . . .

REID, v. STATE, 405 So. 2d 500 (Fla. Dist. Ct. App. 1981)

. . . This case involves the construction of section 790.162, Florida Statutes (1979). . . . Section 790.162 reads: 790.162 Threat to throw, place or discharge any destructive device, felony; penalty . . . Section 790.162, which essentially tracks the same language, was obviously intended to cover a threat . . . Viewed in this context, we think that section 790.162 requires only that the threat must convey an intent . . .

D. SMITH, v. STATE, 344 So. 2d 905 (Fla. Dist. Ct. App. 1977)

. . . intent to do bodily harm to the Zembas or with intent to damage the property, in violation of Section 790.162 . . .

GRIZZARD, v. STATE, 139 So. 2d 161 (Fla. Dist. Ct. App. 1962)

. . . The first two sections of Ch. 59-29, supra, which appear as Secs. 790.161 and 790.162, Fla.Stat. 1959 . . .