JACKSONVILLE, Fla. – A message a teen fires off in anger — a Snapchat, a group text, an Instagram DM — can move from “drama” to a criminal investigation fast in Florida.
That warning comes as a 13-year-old in Flagler County faces charges after deputies say he sent another 13-year-old a photo of himself holding a handgun, along with a written threat to kill him.
Investigators said the two boys had been friends, but their relationship soured and they were messaging the day of the incident while planning to fight. Deputies said the teen’s mother reported the threat to law enforcement.
Jacksonville attorney Millicent Daniels says cases like that underscore a key point for parents and teens: Florida law treats written or electronic threats — including posts and messages — as serious crimes.
“Everyone needs to understand whether it’s on Snapchat, TikTok, Instagram, whether it is a direct message … or even in a group text, … written threats to kill or cause bodily injury … is considered a crime in the state of Florida,” said Daniels, who joined us Wednesday on The Morning Show for the latest edition in our “Justice 4 All” series.
When a post becomes a felony
Florida’s law on written or electronic threats makes it illegal to “send, post, or transmit” a writing or other record — including an electronic record — that can be viewed by another person if it includes a threat to kill or do bodily harm, or to conduct a mass shooting or an act of terrorism.
A violation is a second-degree felony under Florida Statute 836.10. The statute defines an electronic record broadly — including text, images, video and audio — and applies across platforms. (The statute excludes telephone calls.)
Daniels said teens sometimes assume that because the threat is typed out — or sent as an image — it is less serious than saying it face to face.
“Law enforcement is taking these threats very seriously, whether in a digital space … or whether it’s face-to-face,” Daniels said.
You don’t have to follow through for it to be a crime
Daniels said another misconception is that a threat “doesn’t count” if the teen never intended to carry it out.
“I want parents and our viewers to understand that you don’t have to carry out the threat … for the crime to have occurred,” she said.
Daniels said investigators and prosecutors look at whether a “reasonable person” would consider the message credible based on the words and the context.
That context can include what’s shown in a photo or video.
“Particularly in the digital space, when we see posts such as these, those posts … are forever,” Daniels said. “They are in perpetuity. So those posts can be used as evidence against a person.”
‘Pranks’ and false reports can trigger major police responses
Daniels said threats and false reports — including posts intended as jokes or excuses to miss school — can set off an expensive and disruptive response.
“These kinds of situations where these threats are made and law enforcement acts can result in school lockdowns, public roads being closed off, businesses closed, SWAT teams everywhere,” Daniels said. “So what one teen … may consider a prank, law enforcement takes this very seriously.”
Florida law also addresses false reports involving bombs, weapons of mass destruction, or “the use of firearms in a violent manner.” Under Florida Statute 790.163, making a false report “with intent to deceive” is a second-degree felony.
Cyberstalking and school harassment laws can apply, too
Depending on the conduct, Daniels said other laws may come into play when online conflict escalates.
Florida’s stalking law includes cyberstalking, defined as a course of conduct using electronic communications directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
Aggravated stalking can become a felony when a credible threat is involved. (See Florida Statute 784.048)
There are also state education laws requiring school districts to address bullying and harassment, including cyberbullying. (See Florida Statute 1006.147)
What parents can do now
Daniels urged parents to talk early and often with teens about what they post, send and share.
Her advice: Don’t assume kids fully understand that a screenshot can turn into evidence.
If you have a question about crime, safety or the law, email it to the Justice 4 All team at jwaugh@wjxt.com, and it may be featured in a future story.