Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 836.05 | Lawyer Caselaw & Research
F.S. 836.05 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 836.05

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 836
DEFAMATION; LIBEL; THREATENING LETTERS AND SIMILAR OFFENSES
View Entire Chapter
F.S. 836.05
836.05 Threats; extortion.
(1) Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person who commits a violation of subsection (1) and at the time of the violation is acting as a foreign agent, as defined in s. 812.081(1), with the intent of benefiting a foreign country of concern, as defined in s. 692.201, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 42, sub-ch. 3, ch. 1637, 1868; RS 2420; GS 3261; RGS 5092; CGL 7194; s. 1, ch. 57-254; s. 991, ch. 71-136; s. 1307, ch. 97-102; s. 11, ch. 2023-33.

F.S. 836.05 on Google Scholar

F.S. 836.05 on Casetext

Amendments to 836.05


Arrestable Offenses / Crimes under Fla. Stat. 836.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S836.05 - EXTORT - OR THREATS - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

DOYLE, v. STATE, 240 So. 3d 95 (Fla. App. Ct. 2018)

. . . Anthony Doyle appeals his convictions and sentences for extortion under section 836.05, Florida Statutes . . . of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 836.05 . . . Thus, extortion under section 836.05 may be committed by issuing a written threat to commit bodily harm . . . See § 836.05, Fla. Stat. . . . As explained below, however, section 836.10 does not contain any element not found in section 836.05. . . .

O FLAHERTY- LEWIS, v. STATE, 230 So. 3d 15 (Fla. Dist. Ct. App. 2017)

. . . .” § 836.05, Fla. Stat. (2015). . . .

J. A. W. v. STATE, 210 So. 3d 142 (Fla. Dist. Ct. App. 2016)

. . . State, 125 So.3d 1007, 1012 (Fla. 5th DCA 2013) (interpreting Florida’s extortion statute, section 836.05 . . .

KINGLAND ESTATES, LTD. v. DAVIS,, 170 So. 3d 825 (Fla. Dist. Ct. App. 2015)

. . . racketeering by: a. making defamatory and threatening posts on the daughter’s blog in violation of sections 836.05 . . .

M. CHARRIEZ, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, E., 596 F. App'x 890 (11th Cir. 2015)

. . . of contraband into SCI in violation of § 944.47, Florida Statutes and/or extortion in violation of § 836.05 . . .

UNITED STATES v. GODWIN, a. k. a. KG,, 765 F.3d 1306 (11th Cir. 2014)

. . . . § 836.05. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . instruction was adopted in July 1998 and amended in 2012 [95 So.3d 868] and 2014. 8.23 EXTORTION § 836.05 . . .

UNITED STATES v. HARPER, a. k. a. BJ, 554 F. App'x 832 (11th Cir. 2014)

. . . person with the intent to cause that person to do an act against his will in violation of Sections 836.05 . . .

CALAMIA, v. STATE, 125 So. 3d 1007 (Fla. Dist. Ct. App. 2013)

. . . . § 836.05, Fla. Stat. (2009). . . . The State then charged Calamia with extortion pursuant to section 836.05. . . . guilty of a felony of the second degree, punishable as provided in s.775.082, s.775.083, or s.775.084. § 836.05 . . . that person to commit an act or to refrain from acting against his will. 634 So.2d at 1094 (citing § 836.05 . . . STATE REQUIRED TO PROVE ACTUAL MALICE TO SUSTAIN A CONVICTION FOR THE CRIME OF EXTORTION UNDER SECTION 836.05 . . .

In P. HOLDSWORTH, III, v. W. W. LLC,, 495 B.R. 544 (Bankr. M.D. Fla. 2013)

. . . According to the Holdsworths, the Garcias extorted them under section 836.05, Florida Statutes. . . . Wynne, 961 So.2d 1065, 1067 (Fla. 4th DCA 2007). . § 836.05, Fla. . . .

GUYTON, v. UNITED STATES OF AMERICA,, 447 F. App'x 136 (11th Cir. 2011)

. . . predicate offense at issue in this appeal, was a 1996 conviction for extortion under Florida Statute § 836.05 . . . Stat. § 836.05 (1995) (emphasis added). . . .

LENNAR CORPORATION, v. BRIARWOOD CAPITAL LLC,, 430 B.R. 253 (Bankr. S.D. Fla. 2010)

. . . . § 836.05, in violation of Fla. . . .

UNITED STATES v. L. WHEELER,, 535 F.3d 446 (6th Cir. 2008)

. . . . §§ 836.05, 777.011, 777.04; conspiracy to commit murder in violation of Ind.Code §§ 35-41-5-2, 35-42 . . .

DUAN, v. STATE, 970 So. 2d 903 (Fla. Dist. Ct. App. 2007)

. . . Appellant Waynard Duan argues that his jury conviction for extortion, pursuant to section 836.05, Florida . . . the victim’s mental injury was insufficient to meet the elements of extortion, set forth in section 836.05 . . . Second, the State asserts the trial court properly construed section 836.05 to include injury to the . . . Within section 836.05, there is evidence the Legislature intended the crime of extortion to encompass . . . No Florida case suggests that this conduct is not included under section 836.05. . . .

G. AVRICH, v. STATE, 936 So. 2d 739 (Fla. Dist. Ct. App. 2006)

. . . victim from trading comic books on eBay and from communicating on the internet, in violation of section 836.05 . . .

NICOR INTERNATIONAL CORPORATION a k a v. EL PASO CORPORATION f k a El, 318 F. Supp. 2d 1160 (S.D. Fla. 2004)

. . . include, but are not limited to, fraud under Chapter 817 of the Florida Statutes, extortion under Section 836.05 . . . includes the malicious threatening of another with the intent to extort money or a pecuniary advantage. § 836.05 . . . to expose any secret affecting another, or to impute any deformity or lack of chastity to another. § 836.05 . . .

UNITED STATES v. AL- ARIAN, 308 F. Supp. 2d 1322 (M.D. Fla. 2004)

. . . Turning to the case at hand, it is undisputed that Florida law, specifically Florida Statutes § 836.05 . . . All parties agree that Section 836.05 is a “generic” extortion statute. . . .

DAWSON, v. STATE, 789 So. 2d 1203 (Fla. Dist. Ct. App. 2001)

. . . correct the judgment to provide that his offense, attempted extortion, is a third degree felony, see §§ 836.05 . . .

A. AMARO, v. B. WEKSLER,, 727 So. 2d 1001 (Fla. Dist. Ct. App. 1999)

. . . See §§ 836.05, 772.102, .103, .104, Fla. Stat. (1997); Metropolitan Life Ins. Co. v. . . .

McKEE, v. STATE, 715 So. 2d 1010 (Fla. Dist. Ct. App. 1998)

. . . Section 836.05, Florida Statutes (1997), makes criminal, in so far as this case is concerned, the following . . .

UNITED STATES v. KAPLAN,, 133 F.3d 826 (11th Cir. 1998)

. . . . § 836.05 (defining the crime of extortion under Florida State law). . . .

PARISSAY, v. STATE, 687 So. 2d 30 (Fla. Dist. Ct. App. 1997)

. . . See § 836.05, Fla. Stat. (1995). AFFIRMED IN PART; VACATED IN PART. . . .

WEEKFALL, v. STATE, 686 So. 2d 618 (Fla. Dist. Ct. App. 1996)

. . . . § 836.05, Fla. Stat. (1993). The information alleges that Mr. . . . investigation, maliciously did threaten an injury to the person of Michael Wiggins, in violation of section 836.05 . . .

CASTALINE, v. STATE, 645 So. 2d 561 (Fla. Dist. Ct. App. 1994)

. . . 784.03, Fla.Stat. (1991) ]; (2) aggravated assault [§ 784.021, Fla.Stat. (1991) ]; and (3) extortion [§ 836.05 . . . trial court’s reading of the extortion statutes does not, as urged, amount to a fundamental error. § 836.05 . . . Compare §§ 836.05, 784.021, Fla. Stat. (1991) with § 794.011, Fla.Stat. (1991). 4. . . .

HARRISON, v. STATE, 641 So. 2d 486 (Fla. Dist. Ct. App. 1994)

. . . . § 836.05, F.S. . . . Section 836.05, Florida Statutes (1991) states: Threats; extortion. — Whoever, either verbally or by . . .

DUDLEY, v. STATE, 634 So. 2d 1093 (Fla. Dist. Ct. App. 1994)

. . . violation of section 836.10, Florida Statutes (1991), count one; and extortion in violation of section 836.05 . . . Section 836.05, Fla.Stat. Malice is an essential element of the crime. Chestnut v. . . .

CHURCH OF SCIENTOLOGY FLAG SERVICE ORG. INC. v. CITY OF CLEARWATER, A. Jr. E., 2 F.3d 1514 (11th Cir. 1993)

. . . .-021(1)(e), 836.05 (extortion and obtaining property thereby), 810.011-810.115 (burglary and trespass . . .

A. GORDON, v. GORDON,, 625 So. 2d 59 (Fla. Dist. Ct. App. 1993)

. . . sympathy for [his] position, but the fact remains he committed the crime of extortion under Section 836.05 . . . Section 836.05, Florida Statutes (1991) provides: 836.05 Threats; extortion. . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . 231.06 — Assault or Battery Upon District School Board Employee Chapter 784 — Assault, Battery Section 836.05 . . .

TAYLOR, v. STATE, 593 So. 2d 1147 (Fla. Dist. Ct. App. 1992)

. . . and sentencing him as an adult on two counts of second-degree felony extortion pursuant to Section 836.05 . . .

HELMICK, v. STATE, 569 So. 2d 869 (Fla. Dist. Ct. App. 1990)

. . . .” § 836.05, Fla.Stat. (1987). . . .

STATE v. COHEN,, 568 So. 2d 49 (Fla. 1990)

. . . For example, some conduct of this type may constitute extortion that would be criminal under section 836.05 . . .

PONZOLI WASSENBERG, P. A. v. S. ZUCKERMAN,, 545 So. 2d 309 (Fla. Dist. Ct. App. 1989)

. . . The statements in the motion to dismiss the appeal do not constitute a “threat" proscribed by section 836.05 . . . accepted appellee’s contention that he reasonably believed there was a private right of action for section 836.05 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . .-021 Extortion — 836.05 See Davis v. . . . .-021 Extortion — 836.05 See Davis v. . . . .-021 Extortion — 836.05 See Davis v. . . .

CHESTNUT, v. STATE, 516 So. 2d 1144 (Fla. Dist. Ct. App. 1987)

. . . . § 836.05, Fla.Stat. (1985). . Carawan v. State, 515 So.2d 161 (Fla.1987). . . . . not deem the words and actions sufficient to constitute a violation of the extortion statute, section 836.05 . . .

H. BASS, v. MORGAN, LEWIS BOCKIUS, a Jr., 516 So. 2d 1011 (Fla. Dist. Ct. App. 1987)

. . . on the theory that a letter written by the appellee Castillo to the appellant Bass violated section 836.05 . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . Battery — 784.03 Aggravated battery — 784.045 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . . Battery — 784.03 Aggravated battery — 784.045 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . . 2d degree— 812.014(2)(b) Battery — 784.03 Assault — 784.011 Aggravated assault — 784.021 Extortion — 836.05 . . .

DIXON, v. STATE, 506 So. 2d 55 (Fla. Dist. Ct. App. 1987)

. . . contends that the proof made out what it characterizes as the lesser included offense of extortion, § 836.05 . . .

DILLA, v. STATE, 503 So. 2d 1316 (Fla. Dist. Ct. App. 1987)

. . . kidnapping in violation of section 787.01, Florida Statutes (1985), and extortion in violation of section 836.05 . . .

STATE v. O HARA,, 478 So. 2d 24 (Fla. 1985)

. . . . § 836.05, Fla.Stat. (1981): Threats; extortion. — Whoever, either verbally or by a written or printed . . .

MIAMI HERALD PUBLISHING COMPANY, a DIVISION OF KNIGHTRIDDER NEWSPAPERS, INC. a v. A. FERRE, a, 636 F. Supp. 970 (S.D. Fla. 1985)

. . . FERRE contends that these alleged threats constitute a violation of Section 836.05, Florida Statutes, . . . Section 836.05, however, does not expressly provide for a private right of action nor, plaintiffs argue . . . Green, 433 So.2d 1248 (Fla. 3d DCA 1983) is persuasive authority for the proposition that in enacting § 836.05 . . . Judge Pearson’s reasoning is equally applicable to § 836.05 which is similarly devoid of any suggestion . . . Accordingly, as there is no private right of action under § 836.05, this Court finds judgment on the . . .

G. BERGER, v. V. BERGER,, 466 So. 2d 1149 (Fla. Dist. Ct. App. 1985)

. . . sympathy for that position, but the fact remains he committed the crime of extortion under Section 836.05 . . .

ALONSO, v. STATE, 447 So. 2d 1029 (Fla. Dist. Ct. App. 1984)

. . . Appellant was charged under Section 836.05, Florida Statutes (1981), which requires a showing of a threat . . .

BALLANCE, v. STATE, 447 So. 2d 974 (Fla. Dist. Ct. App. 1984)

. . . was placed on probation for a period of 15 years on a charge of “extortion by threat” under Section 836.05 . . .

O HARA, v. STATE, 448 So. 2d 524 (Fla. Dist. Ct. App. 1984)

. . . COWART, Judge, dissenting: O'Hara was convicted of violating two criminal statutes, extortion (§ 836.05 . . . Extortion under section 836.05, Florida Statutes, does not require a taking, obtaining or using of property . . . The majority opinion states that by the extortion statute (§ 836.05, Fla.Stat.) . . . the offense of statutory grand theft (§ 812.014, Fla.Stat.) and the offense of statutory extortion (§ 836.05 . . . Under the alternative provisions of Section 836.05, Florida Statutes (1981), one commits the crime of . . .

L. SPONHEIM, v. STATE, 416 So. 2d 54 (Fla. Dist. Ct. App. 1982)

. . . nonexistent crime, though an attempt is embraced within the crime of extortion as defined by section 836.05 . . .

E. PARIS, v. M. PARIS,, 412 So. 2d 952 (Fla. Dist. Ct. App. 1982)

. . . See § 836.05, Fla.Stat. (1981): Whoever, either verbally or by a written or printed communication, maliciously . . .

C. ACHIN, v. STATE, 436 So. 2d 30 (Fla. 1982)

. . . The state charged petitioner with extortion under section 836.05, Florida Statutes (1977). . . . Const. . 836.05 Threats; extortion. — Whoever, either verbally or by a written or printed communication . . .

KIRVIN, v. CLARK,, 396 So. 2d 1203 (Fla. Dist. Ct. App. 1981)

. . . These words, if true, would imply that Kir-vin, by such conduct, was guilty of a violation of Section 836.05 . . .

STEVENS, v. STATE, 397 So. 2d 324 (Fla. Dist. Ct. App. 1981)

. . . . § 836.05, Fla.Stat. (1979). . . . .

C. ACHIN, v. STATE, 387 So. 2d 375 (Fla. Dist. Ct. App. 1980)

. . . Section 836.05 of the Florida Statutes (1977) reads: 836.05 Threats; extortion. — Whoever, either verbally . . .

L. CARRICARTE, v. STATE, 384 So. 2d 1261 (Fla. 1980)

. . . . §§ 836.05 and 877.02, Fla.Stat. (1977). . . . intent to extort money or the intent to compel another to act or refrain from acting against his will. § 836.05 . . . We hold that section 836.05, Florida Statutes (1977), is constitutional. . . .

MATTHEWS, v. STATE, 363 So. 2d 1066 (Fla. 1978)

. . . 336 So.2d 643, because the district court initially and directly passed on the validity of Section 836.05 . . . filed by the appellant in the court below clearly raise the constitutional issue: Florida Statute § 836.05 . . . The conviction is an unconstitutional application of the extortion statute, i. e., § 836.05. . . . Appellant was arrested and charged with extortion, a violation of Section 836.05, Florida Statutes (1973 . . . verdict binds a reviewing court to the “assassination” version of the chant urged by the State. . § 836.05 . . . Untreiner and against the will of Deputy Sheriff Doug Raines, contrary to section 836.05, Florida Statutes . . .

MATTHEWS, v. STATE BROOKS, Sr. v. STATE, 336 So. 2d 643 (Fla. Dist. Ct. App. 1976)

. . . appellants Matthews and Brooks committed extortion by verbal threats of bodily injury, in violation of § 836.05 . . . Section 836.05 provides: “Whoever, either verbally or by a written or printed communication, maliciously . . .

DAVIS, Jr. v. STATE, 277 So. 2d 300 (Fla. Dist. Ct. App. 1973)

. . . . § 836.05, F.S.A. . . .

UNITED STATES v. E. GOODING,, 473 F.2d 425 (5th Cir. 1973)

. . . . § 836.05 (1965). . 28 U.S.C.A. § 1861 (1972 Supp.) : “It is the policy of the United States that all . . .

HONCHELL, v. STATE, 257 So. 2d 889 (Fla. 1971)

. . . . § 836.05, F.S.A., was constitutional. Fla. Const, art. V, § 4(2),,F.S.A. . . .

STATE T. BURNS, v. H. AMIDON,, 249 So. 2d 22 (Fla. 1971)

. . . . § 836.05, F.S.A., and one count of inciting to commit perjury, under Fla.Stat. § 837.-04, F.S.A. . . .

STONE, v. HAMIC,, 189 So. 2d 908 (Fla. Dist. Ct. App. 1966)

. . . by the justice of the peace upon the affidavit of Hamic charging that Stone, in violation of section 836.05 . . .

STATE v. L. McINNES,, 153 So. 2d 854 (Fla. Dist. Ct. App. 1963)

. . . . § 836.05, F.S.A., threats to accuse a person of an offense, or to do him any injury to his person or . . . the information for the purpose of extorting money was sufficient to constitute a crime under F.S. § 836.05 . . . Section 836.05, F.SA . 22 Am.Jur., Extortion and Blackmail, § 20, p. 239. . Petersen v. . . .

E. HORNER, v. STATE, 149 So. 2d 863 (Fla. Dist. Ct. App. 1963)

. . . Section 836.05, Fla.Stat, F.S.A., provides : “Whoever, either verbally or by a written or printed communication . . . HOR-NER is a defendant, in violation of Florida Statute 836.05. * * * “COUNT THREE “And RICHARD E. . . . HORNER is a defendant, in violation of Florida Statute 836.05, contrary to the form of the Statute in . . . information, viewed as a whole, and each of its counts, legally and properly charged an offense under § 836.05 . . .

STATE v. L. McINNES,, 147 So. 2d 519 (Fla. 1962)

. . . Mclnnes charging him with extortion in violation of Sec. 836.05, Florida Statutes 1959, and F.S. A. . . . additional ground for the attack on the third count, namely that the portions of the statute, Sec. 836.05 . . . the cause to the trial court so the latter could specify whether or not the constitutionality of Sec. 836.05 . . . motion to quash so as to specify whether or not that court passed directly on the validity of Sec. 836.05 . . . trial judge entered an amended order reciting that he was passing directly upon the validity of Sec. 836.05 . . .

STATE v. L. McINNES,, 133 So. 2d 581 (Fla. Dist. Ct. App. 1961)

. . . this cause to the trial court for the entry of an order specifying whether the constitutionality of § 836.05 . . . order as may be entered specify whether the court directly passes upon the constitutionality of F.S. § 836.05 . . . F.S. § 836.05, F.S.A. . “Appeal by state. . . .

PETERSEN v. MAYO,, 65 So. 2d 48 (Fla. 1953)

. . . . § 836.05, F.S.A. The petitioner questions the sufficiency of the information and of the proof. . . . The information in this case contained two paragraphs and was based upon the provisions of F.S. § 836.05 . . . laws of Canada could not be made the basis of a prosecution in Florida under the provisions of F.S. § 836.05 . . . Under F.S. '§ 836.05, F.S.A., threats to accuse a person of an offense, or to do him an injury to his . . . the information for the purpose of extorting money was sufficient to constitute a crime under F.S. § 836.05 . . .

EHRHART v. NEW YORK LIFE INS. CO. NEW YORK LIFE INS. CO. v. WHEAT, 45 F.2d 804 (S.D. Ill. 1929)

. . . from which there should be deducted the amount of the loan and interest due, leaving a balance of $3,-836.05 . . .