Florida criminal charge
Threats or harassment in Florida
Threats or harassment is a criminal offense under Florida law, defined by Fla. Stat. § 836.12. 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. § 836.12.
What is the penalty for threats or harassment in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Threatening protected persons with death or serious bodily harm — first offense — A person knowingly and willfully threatens a specified protected person (or their family member) with death or serious bodily harm, for a first offense.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Threatening protected persons with death or serious bodily harm — first offense — A person knowingly and willfully threatens a specified protected person (or their family member) with death or serious bodily harm, for a first offense.; 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 5 years (Threatening protected persons with death or serious bodily harm — second or subsequent offense — A person commits a second or subsequent violation of threatening a protected person with death or serious bodily harm as described in paragraph (a).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Threatening protected persons with death or serious bodily harm — second or subsequent offense — A person commits a second or subsequent violation of threatening a protected person with death or serious bodily harm as described in paragraph (a).; 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 1 year (Harassment of protected persons to intimidate or coerce — A person knowingly and willfully harasses a specified protected person with intent to intimidate or coerce them to perform or refrain from performing a lawful duty.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Harassment of protected persons to intimidate or coerce — A person knowingly and willfully harasses a specified protected person with intent to intimidate or coerce them to perform or refrain from performing a lawful duty.; 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 |
Applies to current (2025 Florida Statutes).
How is threats or harassment classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Threatening protected persons with death or serious bodily harm — first offense | Misdemeanor of the First Degree | A person knowingly and willfully threatens a specified protected person (or their family member) with death or serious bodily harm, for a first offense. | Fla. Stat. § 836.12(2)(a) |
| Threatening protected persons with death or serious bodily harm — second or subsequent offense | Felony of the Third Degree | A person commits a second or subsequent violation of threatening a protected person with death or serious bodily harm as described in paragraph (a). | Fla. Stat. § 836.12(2)(b) |
| Harassment of protected persons to intimidate or coerce | Misdemeanor of the First Degree | A person knowingly and willfully harasses a specified protected person with intent to intimidate or coerce them to perform or refrain from performing a lawful duty. | Fla. Stat. § 836.12(3) |
Common questions about threats or harassment in Florida
Is threats or harassment a felony or a misdemeanor in Florida?
It depends on the circumstances: threats or harassment ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 836.12.
Threatening protected persons with death or serious bodily harm — first offense: Misdemeanor of the First Degree (Fla. Stat. § 836.12(2)(a)) · Threatening protected persons with death or serious bodily harm — second or subsequent offense: Felony of the Third Degree (Fla. Stat. § 836.12(2)(b)) · Harassment of protected persons to intimidate or coerce: Misdemeanor of the First Degree (Fla. Stat. § 836.12(3))
What are the penalties for threats or harassment in Florida?
Penalties for threats or harassment in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — 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 threats or harassment?
Threats or harassment is governed by Fla. Stat. § 836.12 (Threats or harassment).
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.