Is It Illegal to Threaten a School Shooting in Florida? What to Know

March 31, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, like the rest of the United States, there is a cherished tradition of free speech and expression. But this right is not unlimited. Florida’s legislature has made clear that when someone threatens a mass shooting – including a school shooting – this is not protected by the First Amendment. In fact, it is a felony.

Florida Statutes Section 836.10 regulates written or electronic threats to conduct a mass shooting or terror attack, such as a school shooting. For someone to be convicted of this offense, the State must prove the following elements of the crime beyond a reasonable doubt:

• Someone made a threat to kill or do bodily harm to another person, conduct a mass shooting, or conduct an act of terrorism in a writing or other record, including an electronic record
• They sent, posted, or otherwise transmitted that threat
• They did so in a manner in which it was or may have been viewed by another person
• They intended the threat to be a true threat

Note: Under the statute, a true threat is defined as a “serious expression of an intent to commit an act of violence.”

Written or electronic threats to commit a mass shooting, including a school shooting, is a second-degree felony in Florida. This is punishable by up to 15 years in prison and a $10,000 fine.

Important: “Terrorism” under the statute is defined as a violent, criminal act or a criminal act dangerous to human life. This act must be intended to do at least one of three things:

• Intimidate, injure or coerce a civilian population
• Influence the policy of a government by intimidation or coercion
• Affect the conduct of government through destruction of property, assassination, murder, kidnapping, or aircraft piracy

No actual steps have to be taken by a person to carry out the threat. If a true threat is made to carry out an attack, such as school shooting, this alone is enough for someone to be convicted of a felony.

Whether a “true threat” was made is often the key question when someone is charged with violating Florida Statutes Section 836.10. Florida law requires that the person who made the alleged threat recognizes that it may be taken seriously, even if they do not intend to carry the threat out. Romero v. State, 314 So.3d 699 (Fla 3rd DCA 2021). 

In 2023, the U.S. Supreme Court clarified that a defendant’s mindset matters when determining whether a true threat was made, or if their speech is constitutionally protected. Counterman v. Colorado, 600 U.S. 66, 69 (2023). Counterman ruled that “true threats of violence are outside the bounds of First Amendment protection and punishable as crimes.” By adhering to the “true threat” standard, the Supreme Court invalidated state laws that criminalized all threats of mass shootings and terror attacks, regardless of a defendant’s state of mind.

However, Counterman did not say a “true threat” only occurs when a defendant wants their threat to be taken seriously. It is still a crime if the person showed “substantial disregard” for the possibility that someone who saw their threat would interpret it to be a true threat. Id. at 70. 

Florida has adopted the Counterman standard in cases involving school shooting threats. B.W.B. v. State, 374 So.3d 40 (Fla. 4th DCA 2023). For there to have been a true threat, the threat must have been made intentionally or recklessly. Recklessness in Florida is defined as a conscious disregard of a substantial and unjustifiable risk. 

In sum, it is a second-degree felony to make a “true threat” to carry out a school shooting or other act prohibited under Section 836.10. But if the alleged threat was not meant to be serious – and there was no substantial and unjustifiable risk of it being taken literally – it may not violate the law.

If someone is charged with threatening a school shooting, mass shooting, or act of terrorism, it is crucial to find experienced and aggressive legal representation as soon as possible. This vital decision could make the difference in whether or not a person is subject to a lengthy prison term and hefty fines.

Don Pumphrey Jr. and the Tallahassee criminal defense attorneys at Pumphrey Law have decades of experience fighting to win for clients across the state of Florida. Call now at (850) 681-7777 for a free consultation.

Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the criminal defense lawyers at Pumphrey Law have decades of experience fighting on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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