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Making a Fake Bomb Threat



What is Making a Fake Bomb Threat?

Making a fake bomb threat involves falsely reporting the presence of a bomb or explosive device with the intent to deceive, mislead, or misinform others. This act is considered a serious crime under Florida Statute 790.163 and 790.164, as well as federal law under Title 18 of the United States Code, section 844, subsection e. Both state and federal laws prohibit making false bomb threats through various means, including mail, telephone, and other instruments of interstate or foreign commerce.

What is the legal definition of making a fake bomb threat? Making a fake bomb threat is the act of falsely reporting the presence of a bomb or explosive device with the intention to deceive, mislead, or misinform others.

Such threats are taken extremely seriously by law enforcement. Police and emergency responders must treat every bomb threat as if it were real, which involves deploying bomb squads, evacuating buildings, and conducting thorough searches. These actions consume significant resources and disrupt the lives of many people, even if the threat turns out to be false. The ramifications of making a fake bomb threat extend beyond legal consequences, affecting communities and individuals on multiple levels.

Elements of the Crime

To convict someone of making a fake bomb threat, the prosecutor must prove the following elements beyond a reasonable doubt:

  • The defendant made a false report about the presence of a bomb.
  • The defendant knew the report was false.
  • The report was made with the intent to deceive, mislead, or misinform.

Understanding these elements is crucial for anyone facing such charges. The prosecution must demonstrate that the defendant knowingly made a false report and did so with the specific intent to cause deception. This can be a complex process, often requiring substantial evidence and testimony.

For example, a high school student who calls in a bomb threat to avoid taking an exam might think it’s a harmless prank. However, under Florida law, this act is far from a joke and can lead to severe legal consequences. Similarly, an employee disgruntled with their employer might make a fake bomb threat to disrupt business operations, not realizing the full extent of the legal ramifications.

It’s also important to note the distinction between a false bomb report and a threat to bomb. A false bomb report, such as saying “there is a bomb in the building,” is different from a threat to bomb, like saying “I’m going to blow up the school.” This distinction is critical in legal proceedings and can influence the outcome of a case.

At Leppard Law: Weapons Defense Attorneys, we understand the serious nature of these charges and the complexities involved in defending against them. Our experienced criminal defense attorneys are here to provide the support and legal expertise needed to navigate these challenging situations.

Law Enforcement Responding to Bomb Threat

If you or a loved one is facing charges for making a fake bomb threat, it is imperative to seek legal advice immediately. The consequences of a conviction can be far-reaching, impacting various aspects of your life. Contact Leppard Law today at 407-476-4111 to schedule a consultation and discuss your case in detail.

Remember, bomb threats are no laughing matter. They waste valuable resources, disrupt lives, and carry severe legal consequences. Understanding the gravity of this crime and the elements involved is the first step in mounting a robust defense.

Penalties for Making a Fake Bomb Threat

Making a fake bomb threat is a second-degree felony under Florida law, punishable by up to 15 years in prison and a $10,000 fine. Additionally, a judge cannot withhold adjudication for this crime, meaning a conviction will result in a permanent criminal record. This can severely impact future job prospects, as the individual will have to disclose the conviction on job applications.

Law Enforcement Responding to Bomb Threat

Florida law takes bomb threats very seriously, as they endanger public safety and waste valuable resources. Under Florida Statutes 790.163 and 790.164, making a false bomb threat is not just a prank—it’s a crime that carries severe consequences. Law enforcement agencies must respond to all bomb threats as if they are real, which involves evacuating buildings, deploying bomb squads, and conducting extensive searches. This process consumes significant resources and disrupts the lives of many, even if the threat turns out to be false.

What are the penalties for making a fake bomb threat? Making a fake bomb threat in Florida is a second-degree felony punishable by up to 15 years in prison and a $10,000 fine. It results in a permanent criminal record, affecting future job prospects.

In addition to the legal penalties, there are other ramifications to consider. For instance, if the fake bomb threat involves state property, such as a high school, the individual responsible may be required to pay restitution to law enforcement for any costs incurred during the response. This could include the expenses associated with deploying bomb squads and other emergency services.

Federal Penalties

If prosecuted under federal law, the penalties can be even more severe. A conviction for making a fake bomb threat under Title 18 of the United States Code can result in up to 10 years in federal prison. Furthermore, individuals can be prosecuted by both state and federal governments for the same offense without violating the Double Jeopardy clause, as they are considered separate sovereign entities.

Under federal law, making a fake bomb threat is a serious offense that falls under Title 18, Section 844(e) of the United States Code. This statute prohibits anyone from making a false bomb threat through mail, telephone, telegraph, or any other instrument of interstate or foreign commerce. The penalties for violating this statute are severe, reflecting the gravity of the crime. A federal conviction can lead to up to 10 years in prison, in addition to any state penalties.

It’s also important to note that federal prosecution can be pursued in conjunction with state prosecution. This means that an individual could face charges in both state and federal courts for the same bomb threat. While this might seem like double jeopardy, it is not, because the state and federal governments are considered separate sovereigns. As a result, each can prosecute the same act independently.

For example, a student who calls in a fake bomb threat to a high school could face charges under Florida Statute 790.163 or 790.164 and also under federal law. The state charges could result in up to 15 years in prison, while the federal charges could add an additional 10 years. The combined penalties underscore the seriousness with which these threats are treated.

Given the severe consequences, it is crucial to seek legal counsel immediately if you or a loved one is facing charges for making a fake bomb threat. The experienced Orlando Gun Crime Lawyers at Leppard Law are well-versed in both state and federal laws related to bomb threats and can provide the guidance and representation needed to navigate these complex legal waters.

At Leppard Law, we understand the gravity of these charges and the impact they can have on your life. Our dedicated team of criminal defense attorneys is committed to providing you with the best possible defense. We will thoroughly investigate the circumstances surrounding the threat, challenge the prosecution’s evidence, and work tirelessly to achieve the best outcome for your case.

If you or someone you know has been charged with making a fake bomb threat, don’t wait. Contact Leppard Law today at 407-476-4111 for a free consultation. Our team is here to help you navigate the legal system and protect your rights.

Bomb threats are no laughing matter. They waste valuable resources, disrupt lives, and carry severe legal consequences. Understanding the penalties and seeking immediate legal advice is crucial to mounting a robust defense and minimizing the impact on your future.

Examples of Making a Fake Bomb Threat

Understanding real-life scenarios can help illustrate what constitutes making a fake bomb threat. Here are some examples:

  • Example 1: A high school student calls in a bomb threat to avoid taking an exam. The school is evacuated, and a bomb squad is called in, wasting valuable resources and disrupting the lives of students and staff.
  • Example 2: An employee, disgruntled with their employer, makes a false bomb threat to cause chaos and disrupt business operations. The company incurs significant costs due to the evacuation and loss of productivity.
  • Example 3: A person calls in a fake bomb threat to a public event to avoid attending. The event is canceled, and law enforcement resources are diverted from other potential emergencies.
  • Example 4: A student, attempting to impress peers, reports a bomb threat to a local mall. The entire mall is shut down, leading to significant economic losses for the businesses involved.

These examples highlight the serious consequences of making a fake bomb threat. Such actions not only waste valuable resources but also cause significant disruption and anxiety for everyone involved.

Florida Statute 790.163 and 790.164 address the seriousness of making a fake bomb threat. Under these statutes, any individual who falsely reports a bomb threat is committing a second-degree felony. This is a severe offense that can lead to up to 15 years in prison and a $10,000 fine.

Moreover, under federal law, making a fake bomb threat is also punishable. Title 18 of the United States Code, section 844, subsection e, prohibits any individual from making a fake bomb threat through mail, telephone, telegraph, or other instruments of interstate or foreign commerce. A conviction under federal law can result in up to 10 years in federal prison.

It’s important to note that federal prosecution can occur alongside state prosecution. This means an individual could face charges in both state and federal courts for the same bomb threat. While this might seem like double jeopardy, it is not, because the state and federal governments are considered separate sovereigns. As a result, each can prosecute the same act independently.

What are the consequences of making a fake bomb threat? Making a fake bomb threat under Florida law can result in up to 15 years in prison and a $10,000 fine. Under federal law, the penalties can include up to 10 years in prison.

Given the severe consequences, it is crucial to seek legal counsel immediately if you or a loved one is facing charges for making a fake bomb threat. The experienced Orlando Weapons Crimes Lawyers at Leppard Law are well-versed in both state and federal laws related to bomb threats and can provide the guidance and representation needed to navigate these complex legal waters.

At Leppard Law, we understand the gravity of these charges and the impact they can have on your life. Our dedicated team of criminal defense attorneys is committed to providing you with the best possible defense. We will thoroughly investigate the circumstances surrounding the threat, challenge the prosecution’s evidence, and work tirelessly to achieve the best outcome for your case.

If you or someone you know has been charged with making a fake bomb threat, don’t wait. Contact Leppard Law today at 407-476-4111 for a free consultation. Our team is here to help you navigate the legal system and protect your rights.

Bomb threats are no laughing matter. They waste valuable resources, disrupt lives, and carry severe legal consequences. Understanding the penalties and seeking immediate legal advice is crucial to mounting a robust defense and minimizing the impact on your future.



###CONTENT PART 4###

Defenses Against Fake Bomb Threat Charges

Several defenses can be employed to challenge charges of making a fake bomb threat. These defenses aim to cast doubt on the prosecution’s evidence and demonstrate that the defendant did not commit the crime as alleged.

Lack of Intent

One common defense is to argue that the defendant lacked the intent to deceive, mislead, or misinform. If the defense can show that the communication was not made with malicious intent, it may be possible to avoid a conviction.

False Accusation

Another defense is to claim that the defendant was falsely accused. This can involve presenting evidence that someone else made the threat or that the report was misunderstood or misinterpreted.

It’s crucial to consult with an experienced criminal defense attorney to explore all available defenses and develop a strong strategy to fight the charges.

When facing charges for making a fake bomb threat, it’s essential to understand the various defenses that can be utilized to challenge the allegations. These defenses can significantly impact the outcome of the case, potentially leading to reduced charges or even a dismissal.

Accidental Communication

One potential defense is to argue that the communication was accidental. For instance, if a statement was made in jest or as part of a misunderstanding, it might not meet the legal criteria for a deliberate bomb threat. Demonstrating that the communication was unintentional can help weaken the prosecution’s case.

Insufficient Evidence

An essential aspect of any defense strategy is to scrutinize the evidence presented by the prosecution. If there is insufficient evidence to prove that the defendant knowingly made a false bomb threat, it can be challenging to secure a conviction. This might include questioning the reliability of witness testimonies or the authenticity of the communication method used.

What are the defenses against a fake bomb threat charge? Common defenses include lack of intent, false accusation, accidental communication, and insufficient evidence.

Constitutional Violations

Another defense strategy involves examining whether law enforcement violated the defendant’s constitutional rights during the investigation or arrest. If evidence was obtained through illegal searches or seizures, it might be inadmissible in court. This can significantly weaken the prosecution’s case and potentially lead to a dismissal of charges.

Self-Defense or Defense of Property

In some cases, a defendant might argue that the communication was made in self-defense or defense of property. For example, if the defendant reasonably believed that there was an imminent threat to their safety or property, they might have acted out of necessity rather than malicious intent. This defense can be particularly relevant if the communication was made under duress or in response to a perceived danger.

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It’s important to note that each case is unique, and the effectiveness of these defenses will depend on the specific circumstances and evidence presented. Consulting with an experienced Orlando Gun Crime Lawyer can provide valuable insights and help develop a tailored defense strategy.

When facing serious charges like making a fake bomb threat, having the right legal representation can make all the difference. An experienced attorney can navigate the complexities of the legal system, challenge the prosecution’s evidence, and advocate for the best possible outcome.

If you or a loved one are facing charges for making a fake bomb threat, don’t hesitate to seek legal assistance. The consequences of a conviction can be severe, impacting your future and personal life. Contacting a skilled criminal defense attorney can help you understand your options and build a strong defense.

Remember, the sooner you seek legal help, the better your chances of achieving a favorable outcome. Reach out to Leppard Law today to schedule a consultation and take the first step toward protecting your rights and future.


Infographic depicting the words Making a Fake Bomb Threat


What constitutes making a fake bomb threat?

Making a fake bomb threat involves falsely reporting the presence of a bomb or explosive device with the intent to deceive, mislead, or misinform others. This act is considered a serious crime under Florida Statute 790.163 and 790.164, as well as federal law under Title 18 of the United States Code, section 844, subsection e.

What are the penalties for making a fake bomb threat in Florida?

The penalties for making a fake bomb threat in Florida include up to 15 years in prison and a $10,000 fine. Additionally, a judge cannot withhold adjudication for this crime, meaning a conviction will result in a permanent criminal record.

Can you be prosecuted for making a fake bomb threat under federal law?

Yes, making a fake bomb threat can be prosecuted under federal law. A conviction under Title 18 of the United States Code can result in up to 10 years in federal prison. Individuals can be prosecuted by both state and federal governments for the same offense without violating the Double Jeopardy clause.

What are some defenses against fake bomb threat charges?

Defenses against fake bomb threat charges include lack of intent, false accusation, accidental communication, and insufficient evidence. Consulting with an experienced criminal defense attorney is crucial to explore all available defenses and develop a strong strategy to fight the charges.

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  • John Vallillo: As a stalwart in the Florida legal scene, John Vallillo has earned his stripes through a consistent record of case dismissals and proactive defense. His background as both a prosecutor and defense attorney enriches his strategic defense planning with invaluable insights.
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Take the First Step Towards Your Defense

At Leppard Law, we understand that facing a charge for making a fake bomb threat can be overwhelming. Our experienced attorneys are here to provide you with the personalized, compassionate, and effective legal representation you deserve. We treat our clients like family, always putting their best interests first and fighting for the best possible outcome.

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Experience the difference of having a dedicated legal team by your side. Our attorneys are not only skilled in the courtroom but also committed to maintaining clear and consistent communication with you throughout your case.

Don’t wait. If you or a loved one have been charged with making a fake bomb threat, contact us today to schedule a free consultation. One call to our top-rated criminal defense attorneys can make all the difference. Let us provide the support and legal expertise you deserve.

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Legally Reviewed by Joe Easton

Expert Florida Weapons Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your Weapons case is not just defended but championed with dedication and expertise.

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