Florida criminal charge
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties in Florida
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 790.161. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 790.161.
What is the penalty for making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Base offense - making, possessing, throwing, projecting, placing, or discharging a destructive device — Applies to the basic commission of the offense without aggravating factors.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Base offense - making, possessing, throwing, projecting, placing, or discharging a destructive device — Applies to the basic commission of the offense without aggravating factors.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Destructive device act with intent to harm or damage, or causing disruption — Applies when the act is perpetrated with intent to cause bodily harm or property damage, or results in disruption of governmental operations, commerce, or private affairs.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Destructive device act with intent to harm or damage, or causing disruption — Applies when the act is perpetrated with intent to cause bodily harm or property damage, or results in disruption of governmental operations, commerce, or private affairs.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 30 years (Destructive device act resulting in bodily harm or property damage — Applies when the act actually results in bodily harm to another person or property damage.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Destructive device act resulting in bodily harm or property damage — Applies when the act actually results in bodily harm to another person or property damage.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | Destructive device act resulting in death — Applies when the act results in the death of another person.; death or life imprisonment without eligibility for parole; the sentencing proceeding under s. 921.141 determines which (s. 775.082(1)); juvenile-offender rules in s. 775.082(1)(b) differ | mandatory | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense - making, possessing, throwing, projecting, placing, or discharging a destructive device | Felony of the Third Degree | Applies to the basic commission of the offense without aggravating factors. | Fla. Stat. § 790.161(1) |
| Destructive device act with intent to harm or damage, or causing disruption | Felony of the Second Degree | Applies when the act is perpetrated with intent to cause bodily harm or property damage, or results in disruption of governmental operations, commerce, or private affairs. | Fla. Stat. § 790.161(2) |
| Destructive device act resulting in bodily harm or property damage | Felony of the First Degree | Applies when the act actually results in bodily harm to another person or property damage. | Fla. Stat. § 790.161(3) |
| Destructive device act resulting in death | Capital Felony | Applies when the act results in the death of another person. | Fla. Stat. § 790.161(4) |
Common questions about making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties in Florida
Is making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties ranges from a Felony of the Third Degree to a Capital Felony in Florida under Fla. Stat. § 790.161.
Base offense - making, possessing, throwing, projecting, placing, or discharging a destructive device: Felony of the Third Degree (Fla. Stat. § 790.161(1)) · Destructive device act with intent to harm or damage, or causing disruption: Felony of the Second Degree (Fla. Stat. § 790.161(2)) · Destructive device act resulting in bodily harm or property damage: Felony of the First Degree (Fla. Stat. § 790.161(3)) · Destructive device act resulting in death: Capital Felony (Fla. Stat. § 790.161(4))
What are the penalties for making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties in Florida?
Penalties for making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties in Florida depend on how it is classified — from a Felony of the Third Degree up to a Capital Felony — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties?
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties is governed by Fla. Stat. § 790.161 (Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.