Destructive Device Offenses
Willfully and unlawfully making, possessing, throwing, projecting, placing, discharging, or attempting covered conduct involving a destructive device.
Florida Statute
§ 790.161
Destructive devices
Verified against the 2026 Florida Statutes: September 13, 2026
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)
Willful and unlawful covered destructive-device conduct or attempt.
Intent Damage or Disruption
F.S. § 790.161(2)
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)
Covered conduct resulting in bodily harm to another person or property damage.
Death
F.S. § 790.161(4)
Covered conduct resulting in the death of another person.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
Required Facts
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.
- Element 2AND — Required
Required Facts
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.
Jury Instructions
Jury Instructions
Instruction 10.7(a)
Possessing, Throwing, Making, Placing, Projecting, or Discharging a Destructive Device
Covers the baseline offense under F.S. § 790.161(1).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 10.7(c)
Destructive Device Resulting in Bodily Harm or Property Damage
Covers F.S. § 790.161(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 10.7(b)
Destructive Device With Intent or Resulting in Disruption
Covers the intent-to-harm or damage and disruption alternatives under F.S. § 790.161(2).
View Official InstructionAdditional Notes
Additional Notes
Quick Reference
The matrix is outcome-driven: baseline conduct, intent/disruption, bodily harm or property damage, and death carry progressively higher classifications.