School Threat Laws in Florida being Enforced at Record Levels
Within the past few years, we have seen a high number of these cases come through the Firm. Law enforcement officers and especially, school resource officers (SROs), have been making a large number of arrests. The majority of these arrests are based on the Florida Statute 836.10, which is categorized as a very serious, second-degree felony offense.
Under the Statute, Florida students can be charged with a felony for statements that threaten “to kill or do bodily harm to another person; or conduct a mass shooting or an act of terrorism.”
This usually involves a situation where a student, either through text or social media, makes a statement referring to a shooting or an act of violence regarding the school or directed at another classmate or individual. Sometimes these alleged threats are verbal as well.
In Florida, a second-degree crime is very serious. Furthermore, even though the threat itself is not an actual act of violence, the charge, in and of itself, is considered an act of violence under the law. This means that the charge will be considered a violent felony on your child’s record if he or she is convicted. Additionally, it is very likely that the Court would be reluctant to allow the child’s release from a secure detention facility based on this classification, although exceptions are sometimes made in certain situations depending on the totality of circumstances regarding the offense.
Many times these charges come about even when the alleged threat is not meant to be taken seriously and the student never intended to act on their statement. Charges most often arise from poorly judged attempts at making a joke, bullying, and disputes between dating partners. These threats are often found on platforms such as Snapchat, Instagram, Facebook, and even group messages.
What To Do If Your Child Has Been Charged
A juvenile record can impact a child’s ability to go to college, limit their access to jobs and professional licenses, and prevent them from military involvement. Juveniles that are charged with a Section 836.10 offense should seek legal protection to avoid life-long consequences.
If you or your child is charged with a school related threat under Section 836.10 in Okaloosa or Walton County, contact an experienced criminal defense attorney at Lupella and Rehr for a free, confidential consultation at (850) 362-6655.