F.S. 2017 WEAPONS AND FIREARMS Ch. 790
or outdoors, including all theaters and athletic stadiums,
with intent to do bodily harm to any person or with intent
to do damage to property not resulting in the death of
another person shall be a felony of the first degree,
punishable as provided in s. 775.082. A sentence not
exceeding life imprisonment is specifically authorized
when great bodily harm to another or serious disruption
of governmental operations results.
(2) This section shall not apply to the use of such
machine guns by any United States or state militia or by
any law enforcement officer while in the discharge of his
or her lawful duty in suppressing riots and disorderly
conduct and in preserving and protecting the public
peace or in the preservation of public property, or when
said use is authorized by law.
History.—s. 1, ch. 16111, 1933; CGL 1936 Supp. 7748(1); s. 746, ch. 71-136; s.
5, ch. 72-724; s. 1, ch. 76-38; s. 1214, ch. 97-102.
790.161 Making, possessing, throwing, projecting,
placing, or discharging any destructive device
or attempt so to do, felony; penalties.—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.
History.—s. 1, ch. 59-29; s. 6, ch. 69-306; s. 1, ch. 70-85; s. 747, ch. 71-136; s.
6, ch. 72-724; s. 2, ch. 76-38; s. 44, ch. 88-381; s. 3, ch. 90-124; s. 3, ch. 90-176; s.
19, ch. 93-406; s. 2, ch. 94-228; s. 3, ch. 98-3.
790.1612 Authorization for governmental manufacture,
possession, and use of destructive devices.—
The governing body of any municipality or
county and the Division of State Fire Marshal of the
Department of Financial Services have the power to
authorize the manufacture, possession, and use of
destructive devices as defined in s. 790.001(4).
History.—s. 6, ch. 90-124; s. 6, ch. 90-176; s. 1905, ch. 2003-261.
790.1615 Unlawful throwing, projecting, placing,
or discharging of destructive device or
bomb that results in injury to another; penalty.—
(1) A person who perpetrates any unlawful throwing,
projecting, placing, or discharging of a destructive
device or bomb that results in any bodily harm to a
firefighter or any other person, regardless of intent or
lack of intent to cause such harm, commits a misdemeanor
of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(2) A person who perpetrates any unlawful throwing,
projecting, placing, or discharging of a destructive
device or bomb that results in great bodily harm,
permanent disability, or permanent disfigurement to a
firefighter or any other person, regardless of intent or
lack of intent to cause such harm, commits a felony of
the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) Upon conviction and adjudication of guilt, a
person may be sentenced separately, pursuant to s.
775.021(4), for any violation of this section and for any
unlawful throwing, projecting, placing, or discharging of
a destructive device or bomb committed during the
same criminal episode. A conviction for any unlawful
throwing, projecting, placing, or discharging of a destructive
device or bomb, however, is not necessary for
a conviction under this section.
History.—s. 1, ch. 84-23; s. 7, ch. 90-124; s. 7, ch. 90-176.
790.162 Threat to throw, project, place, or discharge
any destructive device, felony; penalty.—It is
unlawful for any person to threaten to throw, project,
place, or discharge any destructive device with intent to
do bodily harm to any person or with intent to do
damage to any property of any person, and any person
convicted thereof commits a felony of the second
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.—s. 2, ch. 59-29; s. 7, ch. 69-306; s. 748, ch. 71-136; s. 45, ch. 88-381;
s. 4, ch. 90-124; s. 4, ch. 90-176.
790.163 False report concerning planting a
bomb, an explosive, or a weapon of mass destruction,
or concerning the use of firearms in a violent
manner; penalty.—
(1) It is unlawful for any person to make a false
report, with intent to deceive, mislead, or otherwise
misinform any person, concerning the placing or planting
of any bomb, dynamite, other deadly explosive, or
weapon of mass destruction as defined in s. 790.166, or
concerning the use of firearms in a violent manner
against a person or persons. A person who violates this
subsection commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(2) Notwithstanding any other law, adjudication of
guilt or imposition of sentence for a violation of this
section may not be suspended, deferred, or withheld.
However, the state attorney may move the sentencing
court to reduce or suspend the sentence of any person
who is convicted of a violation of this section and who
provides substantial assistance in the identification,
arrest, or conviction of any of his or her accomplices,
accessories, coconspirators, or principals.
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