Illiana Grigoriou v. Florida

The dialogue between Petitioner (a 19 year old girl) and ZF (a 20 year old male) show sarcasm, hyperbole, venting of frustration but not true threats so as to make a 19 year old girl a convicted felon. It was, at best, rambling hyperbole. However, § 836.10 has no mens rea and can criminalize threats which are made in jest, hyperbole, or just to blow off steam. Thus, the question is: Whether Section 836.10 of the Florida Statutes (2022) is facially unconstitutional as being overbroad in violation of the First and Fourteenth Amendments to the United States Constitution?

Whether Florida Statute § 836.10 is unconstitutional as applied to Petitioner’s case in violation of the First and Fourteenth Amendments of the United States Constitution?

Whether the failure of § 836.10 to place one on adequate notice of what conduct is unlawful renders the statue void for vagueness in violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution?