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Florida Criminal Offense

Destructive Device Offenses

Willfully and unlawfully making, possessing, throwing, projecting, placing, discharging, or attempting covered conduct involving a destructive device.

FelonyVaries

Florida Statute

§ 790.161

Destructive devices

Quick Summary

The resulting harm, property damage, intent, or disruption controls the degree.

Classification Matrix

Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.

Baseline Destructive Device Conduct

F.S. § 790.161(1)

FelonyThird Degree

Willful and unlawful covered destructive-device conduct or attempt.

Intent Damage or Disruption

F.S. § 790.161(2)

FelonySecond Degree

Covered conduct with intent to cause bodily harm or property damage, or resulting in the specified disruption.

Bodily Harm or Property Damage

F.S. § 790.161(3)

FelonyFirst Degree

Covered conduct resulting in bodily harm to another person or property damage.

Death

F.S. § 790.161(4)

Capital FelonyCapital

Covered conduct resulting in the death of another person.

Elements of the Offense

  1. Element 1

    The defendant willfully and unlawfully made, possessed, threw, projected, placed, discharged, or attempted the charged conduct involving a destructive device.

    Plain language: Identify the destructive device and exact conduct.

  2. Element 2

    The intent, resulting disruption, property damage, bodily harm, or death satisfies the charged classification.

    Plain language: Use the matrix to match the outcome or intent to the degree.

Additional Notes

Quick Reference

The matrix is outcome-driven: baseline conduct, intent/disruption, bodily harm or property damage, and death carry progressively higher classifications.