In light of increasing concerns about school safety, Florida has adopted a stringent approach to school shooting threats, particularly those made by juveniles. Orlando criminal defense attorney and television legal analyst Jose Rivas recently discussed the legal ramifications of such threats in a Fox News interview, shedding light on the serious consequences facing young offenders and their parents.
Parental Responsibility in School Shooting Threats
Rivas highlighted the significant responsibility parents bear in these cases. “Parents need to understand that there is some level of responsibility,” he stated. This responsibility extends beyond simply owning a firearm legally. Parents must be vigilant about the secure storage of firearms, awareness of their children’s mental health, and monitoring for warning signs of potential threats.
In cases where parents fail to take reasonable precautions, they may face serious legal consequences. Rivas cited examples where parents have been charged with involuntary manslaughter for providing firearms to children who had previously made threats. “That’s what we call reckless or negligent behavior,” Rivas explained.
Charging Juveniles as Adults in School Shooting Threats
Florida law allows for juveniles who make school shooting threats to be charged as adults, depending on the circumstances. Rivas emphasized, “Just because you’re not 18 years old doesn’t mean you cannot face some very serious charges and also face life in prison.” The state attorney has the discretion to charge juveniles as adults for certain serious felonies, including threats of violence against schools. In some cases, juveniles as young as 14 have been charged as adults for making school shooting threats in Florida.
Applicable Laws and Penalties
Whether charged as a juvenile or an adult, making a school shooting threat is a serious crime in Florida. Under Florida Statute 836.10, it is a second-degree felony to make written or electronic threats to kill, conduct a mass shooting, or commit an act of terrorism. The maximum penalty is up to 15 years in prison and a $10,000 fine. Rivas noted, “This is not like shoplifting at a local store. This is a crime where it involves fatalities.”
Enforcement Approach
Florida takes a zero-tolerance approach to school shooting threats. All threats are taken seriously and investigated, even if believed to be a prank. Schools are required to expel students making threats and refer them for criminal prosecution. The FBI partners with local law enforcement to respond to and investigate each threat.
Consequences Beyond Criminal Charges
Beyond potential criminal penalties, juveniles face other serious consequences for making school shooting threats. These include school expulsion, creation of a permanent criminal record, difficulty finding future employment, and possible requirement to pay restitution for law enforcement response costs.
Changing Legal Landscape
The interview with Rivas reveals two significant trends in the legal approach to school shooting threats involving minors:
- Increased focus on parental responsibility in preventing access to weapons
- More willingness to try juveniles as adults in serious threat cases
These trends reflect growing concern over the impact of school shooting threats on communities and a desire to hold both young offenders and their guardians accountable.
Orlando Juvenile Defense Attorney
Florida has a zero-tolerance policy when it comes to school shooting threats. Even threats intended as jokes are considered criminal acts and can result in felony charges. As Rivas’s insights demonstrate, the legal system is adapting to address both the prevention and punishment of these threats.
Parents must be vigilant about firearm safety and access, while young individuals need to understand the potentially life-altering consequences of their actions. If you face the legal consequences of a juvenile arrest, call 407-644-2466 to speak with a top Orlando juvenile criminal defense attorney at the Rivas Law Firm.
