N.H. v. State
A juvenile challenged a probable cause finding supporting her detention for violating section 836.10, Florida Statutes, which criminalizes sending, posting, or transmitting written threats to kill. The Fifth DCA held that placing a written kill list openly on a school desk, where a teacher could view it, constituted 'posting' under the statute's plain meaning, and denied the habeas petition. A dissent argued that mere public visibility without an affirmative communicative act does not satisfy the statutory requirement of posting.
Key facts
- A juvenile was detained for allegedly violating Florida's written threat statute by placing a kill list on a school desk in open view in a classroom.
- The trial court found probable cause that the juvenile 'posted' a written threat to kill under section 836.10, Florida Statutes.
- +2 more key facts with a free trial
Why it matters
This is the first published Florida appellate interpretation of the term 'post' under the amended section 836.10 statute criminalizing written threats to kill, resolving an issue with no binding precedent on what… — full analysis with a trial
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