Written and Electronic Threats 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

Under Fla. Std. Jury Instr. (Crim.) 8.22 (Elements), the State must prove four elements beyond a reasonable doubt:

1. You made a threat, in a writing or other record, to kill or do bodily harm to another person, or to conduct a mass shooting or an act of terrorism.
2. You sent, posted, or transmitted that writing or record, or got someone else to do it.
3. You did so in a way that it may be viewed by another person.
4. You intended the threat to be a true threat.

The instruction defines a true threat as a serious expression of an intent to commit an act of violence. "Other record" includes electronic records such as texts, emails, posts, images, video, and audio, but the statute excludes telephone calls. "Terrorism" has a specific legal definition: a violent act, or an act dangerous to human life, that breaks state or federal criminal law (or a listed computer crime), done to intimidate, injure, or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct through destruction of property, assassination, murder, kidnapping, or aircraft piracy.

Note on element 4: the words of s. 836.10 do not state an intent requirement. The jury instruction adds the true-threat intent element based on later court decisions, and its notes say that, as of late 2023, some questions about what the State must prove were still unsettled.

Penalties

• Second-degree felony: up to 15 years in prison and a $10,000 fine.
• The statute does not make internet or phone service providers liable for messages their users send.
• The instruction lists attempt and assault as possible lesser offenses.

Common Situations

• A student's message or post about a school, or a classmate who forwards it.
• An angry text to an ex-partner, a coworker, or a neighbor.
• Song lyrics, memes, or video game talk taken out of context.

Defense Themes

• Not a true threat. Exaggeration, sarcasm, art, venting, and jokes are different from a serious expression of intent to commit violence. Context matters: the whole thread, the relationship, and what came before and after.
• Free speech. The First Amendment protects a great deal of offensive, angry, and disturbing speech. It does not protect true threats. Where that line falls is a legal question the defense raises early.
• Intent. Under the current instruction, the State must prove you intended the message as a true threat.
• Who sent it? Shared phones, hacked accounts, and spoofed profiles are real.
• Viewed by another person. The State must prove the message was sent or posted in a way someone else could see it.

What to Do First

1. Do not delete posts, messages, or accounts. Deleting can lead to a separate charge. See Tampering with Evidence.
2. Stop posting about the case or the people involved.
3. Do not explain yourself to police or school officials without a lawyer.
4. If there is a warrant, call us to 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

I was joking. Can I still be charged?

Yes, people are charged over messages they say were jokes. But the State must prove you intended a true threat, and context is often the heart of the defense.

Does the threat have to be sent to the person threatened?

No. The instruction requires that it be sent or posted in a way another person may view it.

What if the threat was in a phone call?

The statute's definition of electronic record excludes telephone calls. Spoken threats may be charged under other laws, such as assault.

My child is the one charged. What happens?

Minors can be charged under this law. See Juvenile Crimes, and call us before anyone questions your child.