Written or Electronic Threats
Sending, posting, transmitting, or procuring a written or electronic threat to kill, cause bodily injury, conduct a mass shooting, or commit terrorism.
Florida Statute
§ 836.10
Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism
Verified against the 2026 Florida Statutes: September 14, 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
Preserve the complete communication, context, authorship, transmission, intended or actual viewer, and the precise threatened conduct.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Written or Electronic Threat
F.S. § 836.10
Qualifying threat under F.S. § 836.10.
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
All required
The defendant sent, posted, transmitted, or procured the transmission of a writing or electronic record in a manner that would allow another person to view it.
Plain language: Preserve the record and prove its transmission or posting.
- Element 2OR — Alternative
One threatened outcome
The record threatened to kill or do bodily harm to another person, conduct a mass shooting, or conduct an act of terrorism.
Plain language: Identify one precise threatened outcome.
Jury Instructions
Jury Instructions
No dedicated Florida Standard Jury Instruction was located in the July 2026 compilation. Consult the current statute, applicable case law, and agency or legal guidance.
View Official Jury InstructionsAdditional Notes
Additional Notes
Preserve Context
Capture the complete message thread, original device or account, metadata, audience, context, authorship evidence, and exact words. Threat cases can raise First Amendment and true-threat issues requiring legal review.