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Well yeah, but there are lots of situations where your intent with a threat matters. Saying “I’m gonna kill you!” to your brother when he throws a water balloon at you is rightfully not considered a legal threat. Saying “I finally bought a gun and I’m gonna kill you!” might fall into either category for me personally, depending on whether they had actually recently bought a gun.

I’m really not trying to be difficult here and I do absolutely see how this could be ruled a legitimate threat, I just don’t think it’s 100%. I’m leaning towards 80% (assuming she didn’t actually recently get a gun), given that this is Florida.

Regarding the diary, I was actually thinking of that exact scenario, with the stipulation that the diary is locked. I would be interested in whether that aspect of the law has been tested yet, but it’s probably not that common.

Original

Well yeah, but there are lots of situations where your intent with a threat matters. Saying “I’m gonna kill you!” to your brother when he throws a water balloon at you is rightfully not considered a legal threat. Saying “I finally bought a gun and I’m gonna kill you!” might fall into either category for me personally, depending on whether they had actually recently bought a gun.

I’m really not trying to be difficult here and I do absolutely see how this could be ruled a legitimate threat, I just don’t think it’s 100%. I’m leaning towards 80% (assuming she didn’t actually recently get a gun), given that this is Florida.