790.165 Planting of “hoax bomb” prohibited; penalties.—
(1) For the purposes of this section, “hoax bomb” means any device or object that by its design, construction, content, or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive as defined in this chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented.
(2) Any person who, without lawful authority, manufactures, possesses, sells, delivers, sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who makes readily accessible to others, a hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who, while committing or attempting to commit any felony, possesses, displays, or threatens to use any hoax bomb commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other law, adjudication of guilt or imposition of sentence 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.
(4) Subsection (2) does not apply to any law enforcement officer, firefighter, person, or corporation licensed pursuant to chapter 493, or member of the armed forces of the United States while engaged in training or other lawful activity within the scope of his or her employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas, or to any member of a theatrical company or production using a hoax bomb as property during the course of a rehearsal or performance.
(5) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this section that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.
Cited 5 times | Published | Florida 3rd District Court of Appeal | 1997 WL 757217
...be bad boys or girls," and that did not warrant conviction of a criminal or quasi-criminal offense. See id., 211 N.Y.S.2d at 151-52, 172 N.E.2d at 539. In the case of In re T.C., the Fourth District was confronted with a constitutional challenge to section 790.165(1), Florida Statutes, which made it a felony for any person to manufacture, possess, sell or deliver a hoax bomb or to mail or send a hoax bomb to another person....
...Jorandby, Public Defender and Joseph S. Schook, Asst. Public Defender, West Palm Beach, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee. WARNER, Judge. This appeal from a violation of section 790.165(1), Florida Statutes (1980) titled "Planting of a `Hoax Bomb' Prohibited" challenges both the sufficiency of the evidence to support the conviction for possession and the constitutionality of the statute itself....
...tive of due process. Properly interpreted we find the statute to be constitutional. However, because the trial court relied on an erroneous reading of the statute, we reverse and remand for a new trial. Appellant, a minor, was arrested for violating section 790.165(1), Florida Statutes (1980) after an officer discovered a three inch long brass pipe with one brass cap and one plastic cap in appellant's automobile....
...However, based on their experience they thought the pipe might be a bomb. They testified that appellant also stated "It looks like a pipebomb." After they discovered it was not a live destructive device, they arrested appellant for possession of a hoax bomb. Section 790.165(1) & (2), Florida Statutes provides: (1) For the purposes of this section, "hoax bomb" means any device or object that by its design, construction, content, or characteristics appears to be or to contain, a destructive device or explo...
PER CURIAM. Defendant appeals from a judgment of conviction and sentence following a jury trial. The record supports the jury’s finding that the defendant mailed what appeared to police to be a “hoax bomb.” See § 790.165, Fla.Stat....
Published | Florida 5th District Court of Appeal | 1997 WL 47636
...Upon issuance of the mandate in this case, the trial court will have five days within which to comply with rule 3.702(d)(18)(A) by providing written reasons for departure. AFFIRMED. PETERSON, C.J., concurs. GRIFFIN, J., concurs in result. NOTES [1] § 790.165(2), Fla....
PER CURIAM. Contrary to the suggested point, the evidence was sufficient to support the finding that the juvenile was in possession of a “hoax bomb,” in violation of section 790.165, Florida Statutes (1993)....
offense that prohibited planting a hoax bomb, section 790.165(3), Florida Statutes, (1991), mandates a three-year
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