Florida Senate - 2010                                     SB 860
       
       
       
       By Senator Oelrich
       
       
       
       
       14-00892-10                                            2010860__
    1                        A bill to be entitled                      
    2         An act relating to threats; amending s. 836.10, F.S.;
    3         prohibiting the communication of a threat to
    4         unlawfully do physical harm to the person or property
    5         of another in the course of committing an act of
    6         domestic violence; providing criminal penalties;
    7         revising provisions relating to the sending of or
    8         procuring the sending of letters or inscribed
    9         communications containing certain threats of death or
   10         bodily injury; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 836.10, Florida Statutes, is amended to
   15  read:
   16         836.10 Written Threats to kill or do bodily injury;
   17  punishment.—
   18         (1) Except as provided in subsection (2), any person who
   19  communicates or causes to be communicated orally, in writing, or
   20  through the use of electronic or other means a threat to
   21  unlawfully do physical harm to the person or property of another
   22  in the course of committing an act of domestic violence, as
   23  defined in s. 741.28, commits a misdemeanor of the second
   24  degree, punishable as provided in s. 775.082 or s. 775.083.
   25         (2) If Any person who writes or composes and also sends or
   26  procures the sending of any letter or inscribed communication in
   27  writing, or using electronic or other means, so written or
   28  composed, whether such letter or communication be signed or
   29  anonymous, to any person, containing a threat to kill or to
   30  unlawfully do bodily injury to the person to whom such letter or
   31  communication is sent, or a threat to kill or unlawfully do
   32  bodily injury to any member of the family of the person to whom
   33  such letter or communication is sent commits, the person so
   34  writing or composing and so sending or procuring the sending of
   35  such letter or communication, shall be guilty of a felony of the
   36  second degree, punishable as provided in s. 775.082, s. 775.083,
   37  or s. 775.084.
   38         Section 2. This act shall take effect October 1, 2010.