Threat Concerning a Destructive Device
Threatening to throw, project, place, or discharge a destructive device with the required intent.
Florida Statute
§ 790.162
Threat involving destructive device
Verified against the 2026 Florida Statutes: September 13, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Threatening Speech — Constitutional Mental-State Requirement
Controlling limitation
- When prosecution relies on speech as a true threat, Counterman v. Colorado (U.S. Supreme Court; June 27, 2023) requires an objectively threatening statement and at least recklessness about whether the communication would be understood as threatening violence: conscious disregard of a substantial, unjustifiable risk. A listener's fear or intentional transmission alone does not establish that subjective understanding.
- This is a constitutional minimum, not a replacement for any higher intent, knowledge, or other requirement in Florida law or applicable instructions. Preserve the exact communication, context, prior warnings, and evidence of the speaker's understanding. Do not assume Counterman invalidates the entire statute or adds a credible-threat element to every non-threat stalking theory; obtain legal guidance for the charged track.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
Quick Summary
The threat must be made with intent to cause bodily harm or property damage.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Threat With Required Intent
F.S. § 790.162
Threat to throw, project, place, or discharge a destructive device with the statutory intent.
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 threatened to throw, project, place, or discharge a destructive device.
Plain language: The defendant made a threat involving a destructive device.
- Element 2AND — Required
Required Facts
The threat was made with intent to do bodily harm to a person or damage property.
Plain language: The required intent is to harm a person or damage property.
Jury Instructions
Jury Instructions
Instruction 10.8
Threat to Throw, Place, Project, or Discharge Any Destructive Device
Florida Standard Jury Instruction for F.S. § 790.162.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Important
This is a threat offense. Document the specific threat, recipient, means of communication, intended target, and facts showing the required intent.