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Florida statute

Fla. Stat. § 836.12 — Threats or harassment

Current through 2025 Florida Statutes

Part of Chapter 836: Defamation; Libel; Threatening Letters and Similar Offenses, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 836.12

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. § 836.12Primary source, current through the 2025 Florida Statutes
(1) As used in this section, the term:(a) “Administrative assistant” means a court employee assigned to the office of a specific general or special magistrate or a child support enforcement hearing officer.(b) “Family member” means:1. An individual related to another individual by blood or marriage; or2. An individual who stands in loco parentis to another individual.(c) “Judicial assistant” means a court employee assigned to the office of a specific judge or justice responsible for providing administrative, secretarial, and clerical support to the assigned judge or justice.(d) “Law enforcement officer” means:1. A law enforcement officer as defined in s. 943.10; or2. A federal law enforcement officer as defined in s. 901.1505. (2)(a) Except as provided in paragraph (b), any person who knowingly and willfully threatens a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, a justice, a general magistrate, a special magistrate, a child support enforcement hearing officer, an administrative assistant, a judicial assistant, a clerk of the court, clerk personnel, or an elected official, or a family member of any such person, with death or serious bodily harm commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(b) A person who commits a second or subsequent violation of paragraph (a) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any person who knowingly and willfully harasses a law enforcement officer, a state attorney, an assistant state attorney, a firefighter, a judge, a justice, a general magistrate, a special magistrate, a child support enforcement hearing officer, an administrative assistant, a judicial assistant, a clerk of the court, clerk personnel, or an elected official, with the intent to intimidate or coerce such a person to perform or refrain from performing a lawful duty, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Florida statute covers threats or harassment?

Threats or harassment is governed by Fla. Stat. § 836.12 (Threats or harassment).

This reference is informational and is not legal advice.