Threats or Harassment of Protected Officials
Knowingly and willfully threatening a protected official or family member with death or serious bodily harm, or harassing a protected official with intent to intimidate or coerce a lawful duty.
Florida Statute
§ 836.12
Threats or harassment
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 statute covers law-enforcement officers and other listed protected officials. A first threat is a first-degree misdemeanor; a second or later threat is a third-degree felony. Harassment to intimidate or coerce a lawful duty is a first-degree misdemeanor.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Initial Threat of Death or Serious Bodily Harm
F.S. § 836.12(2)(a)
Knowingly and willfully threatening a protected official or qualifying family member with death or serious bodily harm.
Second or Subsequent Threat
F.S. § 836.12(2)(b)
A second or later violation of the statute's threat provision.
Harassment To Intimidate or Coerce Lawful Duty
F.S. § 836.12(3)
Knowingly and willfully harassing a protected official with intent to intimidate or coerce performance or nonperformance of a lawful duty.
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
Threat track — required
For the threat track, the defendant knowingly and willfully threatened a protected official or listed family member with death or serious bodily harm.
Plain language: The defendant intentionally made a death or serious-bodily-harm threat to a protected person or qualifying family member.
- Element 2Conditional
Harassment track — required
For the harassment track, the defendant knowingly and willfully harassed a protected official with intent to intimidate or coerce that person to perform or refrain from performing a lawful duty.
Plain language: The defendant intentionally harassed a protected official to influence a lawful duty.
Jury Instructions
Jury Instructions
Instruction 8.22(a)
Threat to Kill or Do Serious Bodily Harm to a Public Official or Family Member
Covers the threat track and any charged prior violation under F.S. § 836.12(2).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 8.22(b)
Harassing a Public Official With Intent to Affect a Lawful Duty
Covers the harassment track under F.S. § 836.12(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Protected persons
The statute lists law-enforcement officers, state attorneys and assistants, firefighters, judges and specified court personnel, elected officials, and qualifying family members for the threat track; the harassment track applies to the listed official recipients.
Additional Notes
Additional Notes
Quick Reference
Separate the death-or-serious-bodily-harm threat track from the harassment-to-intimidate-or-coerce track. A second or later threat violation is a third-degree felony; the initial threat and harassment tracks are first-degree misdemeanors.