Q: How is the phrase "throwing incendiaries" used most in criminal law? Any object or just flammable/explosive ones?
Specifically, I want to know if it is ever used to classify or prosecute a party who threw inflammable rocks and other similar objects into a building, car, ect.
A:
Florida Statute 790.161 provides that "....—A person who willfully and unlawfully makes, possesses, throws, projects, places, discharges, or attempts to make, possess, throw, project, place, or discharge any destructive device:
(1) Commits a felony of the third degree ..."
Florida Statute 790.001 Definitions; provides that
"—As used in this chapter, except where the context otherwise requires:
...
(4) “Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. “Destructive device” does not include:
(a) A device which is not designed, redesigned, used, or intended for use as a weapon;
(b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device; ..."
you might want to take a further look at the statute here:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html&StatuteYear=2017&Title=%2D%3E2017%2D%3EChapter%20790
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