“It Was Just a Prank, Bro”: How an April Fool’s Joke Can Be a Felony

By: John Guidry

As I may have mentioned a thousand times before, it seems like we have criminalized everything. This new level of Big Brother strictness has really hurt our younger folks, who can get a criminal record far more easily than I could as a kid growing up in the ’80s. Back then, if you brought a hammer to school, the principal took it. Today, schools have actual cops on staff. And as the saying goes: If you have lots of people running around with hammers (police), they will find a nail.

Did your child get arrested for a text message or social media post?

School threats are felonies. Call John today at (407) 423-1117.

The Case: J.A.W. v. State (The April Fool’s Felon)

Our case begins in a middle school classroom on April 1, 2019 (April Fool’s Day). Our defendant, J.A.W. (a 12-year-old with a 3.1 GPA and perfect attendance), decided to tell a bad joke.

• The Quote: “I’m going to shoot up the classroom. APRIL FOOLS!”
• The Reaction: He was sent to the Dean, suspended, and then arrested.

The Charge: The State charged him with Making a False Report concerning the use of firearms (Florida Statute 790.163). Believe it or not, this is a Second Degree Felony punishable by 15 years in prison. The 12-year-old took his case to trial, lost, and was sentenced to 7 years of probation.

The “Future Tense” Loophole

J.A.W. appealed his conviction, arguing that what he said wasn’t technically a “False Report.”

• The Statute: F.S. 790.163 criminalizes false reports about active dangers (like a bomb scare).
• The Distinction: The Court noted a difference between saying “There IS a bomb in the building” (Present Tense) and “I AM GOING TO blow up the building” (Future Tense).

The Ruling: The Appellate Court overturned the conviction. They ruled that the “False Report” statute only covers present hoaxes (like pulling a fire alarm). Since J.A.W. threatened a future act (“I’m going to”), he did not violate this specific statute.

• Because the prosecutor charged the wrong crime, the 12-year-old went free.

John’s 2026 Update: FortifyFL & The “Written Threat” Trap

Note: In 2019, J.A.W. got off on a technicality. In 2026, that loophole is closed.

1. The “Written Threats” Statute (F.S. 836.10) Prosecutors learned their lesson. They no longer charge “False Report” for threats. They now charge Written Threats to Kill or Conduct a Mass Shooting.

• The Change: This statute specifically covers future threats.
• The Trap: It does not require intent to act. You don’t have to mean it. You just have to send it. If the recipient feels afraid, it is a felony.

2. The FortifyFL App In 2026, students use the FortifyFL app to report “jokes” anonymously.

• The Consequence: These tips go directly to law enforcement, bypassing the Principal. Police often arrive at the student’s home within hours. We handle cases where students “swat” their rivals by reporting fake threats on the app.

3. “Zero Tolerance” Expulsions Even if we beat the criminal charge, the School District operates on a separate track.

• The Reality: A threat (even a joke) usually triggers an immediate 10-day suspension and a recommendation for Expulsion. We have to fight the school board hearing separately from the criminal court to keep your child’s education on track.

Jokes Are No Longer Funny

In the post-Parkland era, there is no such thing as a “school joke.” If your child posts it, they will be arrested. We can defend them, but the “Future Tense” defense won’t save them anymore.

Call me at (407) 423-1117. Let’s protect their future.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.