Fla. Stat. 790.161
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties

(1)

Commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.084.

(2)

If the act is perpetrated with the intent to do bodily harm to any person, or with the intent to do property damage, or if the act results in a disruption of governmental operations, commerce, or the private affairs of another person, commits a felony of the second degree, punishable as provided in s. 775.082 or s. 775.084.

(3)

If the act results in bodily harm to another person or in property damage, commits a felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.

(4)

If the act results in the death of another person, commits a capital felony, punishable as provided in s. 775.082. In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment if convicted of murder in the first degree or of a capital felony under this subsection, and such person shall be ineligible for parole. No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.

Source: Section 790.161 — Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0790.­161 (accessed Aug. 7, 2025).

790.01
Carrying of concealed weapons or concealed firearms 790.001
Definitions 790.02
Officer to arrest without warrant and upon probable cause 790.06
License to carry concealed weapon or concealed firearm 790.07
Persons engaged in criminal offense, having weapons 790.08
Taking possession of weapons and arms 790.09
Manufacturing or selling metallic knuckles 790.10
Improper exhibition of dangerous weapons or firearms 790.013
Carrying of concealed weapons or concealed firearms without a license 790.15
Discharging firearm in public or on residential property 790.015
Nonresidents 790.16
Discharging machine guns 790.17
Furnishing weapons to minors under 18 years of age or persons of unsound mind and furnishing firearms to minors under 18 years of age prohibited 790.18
Sale or transfer of arms to minors by dealers 790.19
Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied 790.22
Use of BB guns, air or gas-operated guns, or electric weapons or devices by minor under 16 790.23
Felons and delinquents 790.24
Report of medical treatment of certain wounds 790.25
Lawful ownership, possession, and use of firearms and other weapons 790.27
Alteration or removal of firearm serial number or possession, sale, or delivery of firearm with serial number altered or removed prohibited 790.29
Paramilitary training 790.31
Armor-piercing or exploding ammunition or dragon’s breath shotgun shells, bolo shells, or flechette shells prohibited 790.33
Field of regulation of firearms and ammunition preempted 790.051
Exemption from licensing requirements 790.052
Carrying concealed firearms 790.053
Open carrying of weapons 790.054
Prohibited use of self-defense weapon or device against law enforcement officer 790.061
Judges and justices 790.062
Members and veterans of United States Armed Forces 790.064
Firearm possession and firearm ownership disability 790.065
Sale and delivery of firearms 790.115
Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited 790.151
Using firearm while under the influence of alcoholic beverages, chemical substances, or controlled substances 790.153
Tests for impairment or intoxication 790.155
Blood test for impairment or intoxication in cases of death or serious bodily injury 790.157
Presumption of impairment 790.161
Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony 790.162
Threat to throw, project, place, or discharge any destructive device, felony 790.163
False report concerning planting a bomb, an explosive, or a weapon of mass destruction, or concerning the use of firearms in a violent manner 790.164
False reports concerning planting a bomb, explosive, or weapon of mass destruction in, or committing arson against, state-owned property, or concerning the use of firearms in a violent manner 790.165
Planting of “hoax bomb” prohibited 790.166
Manufacture, possession, sale, delivery, display, use, or attempted or threatened use of a weapon of mass destruction or hoax weapon of mass destruction prohibited 790.169
Juvenile offenders 790.173
Legislative findings and intent 790.174
Safe storage of firearms required 790.175
Transfer or sale of firearms 790.221
Possession of short-barreled rifle, short-barreled shotgun, or machine gun 790.222
Bump-fire stocks prohibited 790.225
Ballistic self-propelled knives 790.233
Possession of firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking 790.235
Possession of firearm or ammunition by violent career criminal unlawful 790.251
Protection of the right to keep and bear arms in motor vehicles for self-defense and other lawful purposes 790.256
Public service announcements 790.331
Prohibition of civil actions against firearms or ammunition manufacturers, firearms trade associations, firearms or ammunition distributors, or firearms or ammunition dealers 790.333
Sport shooting and training range protection 790.335
Prohibition of registration of firearms 790.336
Lists, records, or registries to be destroyed 790.338
Medical privacy concerning firearms 790.401
Risk protection orders 790.0601
Public records exemption for concealed weapons 790.0625
Appointment of tax collectors to accept applications for a concealed weapon or firearm license 790.0655
Purchase and delivery of firearms 790.1612
Authorization for governmental manufacture, possession, and use of destructive devices 790.1615
Unlawful throwing, projecting, placing, or discharging of destructive device or bomb that results in injury to another

Current through Fall 2025

§ 790.161. Making, possessing, throwing, projecting, placing, or discharging any destructive device or attempt so to do, felony; penalties's source at flsenate​.gov