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Florida statute

Fla. Stat. § 790.161 — Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties

Current through 2025 Florida Statutes

Part of Chapter 790: Weapons and Firearms, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 790.161

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 790.161Primary source, current through the 2025 Florida Statutes
A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device: (1) Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084. (2) If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084. (3) If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084. (4) If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.