False Bomb and Shooting Reports in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

False report of a bomb, explosive, weapon of mass destruction, or shooting (s. 790.163(1); Fla. Std. Jury Instr. (Crim.) 10.9, Elements):

1. You made a false report to any person about the placing or planting of a bomb, dynamite, another deadly explosive, or a weapon of mass destruction, or about the use of firearms in a violent manner against a person.
2. You knew the report was false.
3. You made it with intent to deceive, mislead, or otherwise misinform any person.

False report involving government property (s. 790.164(1); Instr. 10.10, Elements):

1. You made a false report to any person about the placing or planting of a bomb, dynamite, another deadly explosive, or a weapon of mass destruction, or about an act of arson or other violence, to property.
2. The property was owned by the State or a political subdivision, such as a county, city, town, village, or special district, including a special tax school district.
3. You knew the report was false.
4. You made it with intent to deceive, mislead, or otherwise misinform any person.

Both instructions tell jurors they may infer intent to deceive from proof that the person knowingly made a false report. For a false report of a shooting, the instructions direct judges to Instruction 10.9 even when s. 790.164 is charged.

Penalties

• Second-degree felony under either law: up to 15 years in prison and a $10,000 fine.
• No withhold. The statute says adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld. The State Attorney may ask the court to reduce or suspend a sentence for someone who gives substantial assistance in identifying or convicting accomplices.
• Restitution. If the report caused police or a government agency to respond, the court may order the person to pay all costs and damages from the response.

Common Situations

• Calls or messages to schools, airports, stores, or government offices.
• Online posts claiming an active shooter.
• Reports made during a dispute to send police to someone else's home.

Defense Themes

• Knowledge. The State must prove you knew the report was false. Someone who honestly believed or repeated what they heard did not make a knowingly false report.
• Intent to mislead. The inference of intent is permitted, not required.
• Identity. Calls can be spoofed, and accounts can be shared or taken over.
• A report, not a threat. The instructions' notes say a report about a threat of future action is not covered by these false-report laws. A message warning of future violence may be charged under a different law, such as written threats, which has its own defenses.

What to Do First

1. Do not talk to detectives or school officials without a lawyer.
2. Do not delete messages, call logs, or accounts.
3. Call us before an arrest if you can, so we can arrange a surrender. See Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

It was a prank. Is it still a felony?

Yes, if the report was knowingly false and made to deceive or mislead. That is why the facts about what you knew and intended matter so much.

Is this the same as a false police report or misusing 911?

No. Those are separate charges. They usually start as misdemeanors, though they can become felonies in some situations. See Filing a False Police Report and Misuse of 911.