Legal Opinion

J.A.W. v. State

District Court of Appeal of Florida

Decided September 28, 2016No. 2D15-4281PublishedCited by 2 opinions

1Opinion of the Court

KHOUZAM, Judge.

J.A.W., a juvenile, appeals his disposition for sending written threats to kill or do bodily injury under section 836.10, Florida Statutes (2014). He was found to have committed this delinquent act after he posted on Twitter that he was going to *143“shoot up” his school. Because J.A.W.’s threats were not sent directly to the alleged victims or their families as prohibited under the plain language of section 836.10, we are constrained to reverse.

The record shows that J.A.W., a student at Sarasota High School, posted the following tweets over a span of several days:

• “can’t WAIT to…

2Cases cited8 opinions

  1. Daniels v. Florida Dept. of HealthSupreme Court of Florida · 2005
  2. Exposito v. StateSupreme Court of Florida · 2004
  3. Smith v. StateDistrict Court of Appeal of Florida · 1988
  4. O'Leary v. StateDistrict Court of Appeal of Florida · 2013
  5. Santiago v. StateDistrict Court of Appeal of Florida · 2004

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re: Standard Jury Instructions in Criminal Cases-Report 2018-11.Supreme Court of Florida · 2018
  2. DAVID PUY v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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