Criminal Defamation & Threatening Communications in Florida

Disagreements in business or personal relations may escalate into verbal attacks. When communication involves false statements of facts or verbal threats, it may be classified as defamatory communication resulting in consequences ranging from civil to criminal penalties. Chapter 836 of the Florida Statutes states the legal consequences of defamation and threats.

Libel and Slander Under Florida Law

According to Florida law, defamation falls into two main categories: libel (written defamation) and slander (spoken defamation). Publishing libel is classified as a first-degree misdemeanor in Florida under Section 836.01 of the Florida Statutes. A conviction can lead to a jail term of one year or a fine of not more than $1,000. Statements deemed injurious enough to warrant presumed damages without proof of actual harm are called defamation per se, which may include falsely alleging that an individual has committed a crime, has a contagious disease, or has done something that prejudices the person within their profession.

Threatening Letters and Communications

While defamation is mostly a civil matter, a threatening letter can easily become a criminal one. Under Florida Statute 836.10, a threatening letter or electronic communication that states the intent to kill or cause bodily harm to another person could form the basis of a second-degree felony carrying a maximum sentence of 15 years in prison and significant fines. The law also applies to anonymous threats. During investigations, law enforcement can order online platforms to provide identifying information about anonymous senders.

Penalties and Consequences

Criminal Penalties: Written threats to kill or commit bodily harm are classified as a 2nd-degree felony in Florida with a prison term of up to 15 years and a fine of up to $10,000. Other related offenses, including stalking or cyberstalking, are also often charged as felonies. Civil Damages: In a defamation case, the prevailing plaintiff is entitled to monetary compensation including economic damages (measurable loss of income, business contracts, or employment), non-economic damages (reputational harm and emotional distress), and punitive damages in cases of severe malice.

FAQs

What Should I Do If I Receive A Threatening Letter? Save the letter or email, and report it to law enforcement immediately rather than sending a reply. Consider personal security measures, and consult with a lawyer to understand your options for protection. Is Libel a Felony? In Florida, libel is normally a civil offense, not a criminal one. However, written communication that threatens death or bodily harm may constitute a felony. Contact Adam Ludwin at Ludwin Law Group to discuss your legal options.