This is what you need to know if you are a victim of stalking or if you have been charged with stalking. Stalking is a serous offense!
Stalking in Florida is a criminal offense defined under Florida Statutes, Section 784.048. According to the statute, stalking is generally described as a pattern of repeated, malicious, and willful conduct directed at a specific person that causes the victim to feel threatened, frightened, harassed, or in imminent danger of harm. Stalking can involve various behaviors, such as following someone, making unwanted phone calls, sending threatening messages, or engaging in other forms of intrusive and intimidating conduct.
Florida law considers stalking a serious offense, and it can be classified as a misdemeanor or a felony, depending on the circumstances and the severity of the conduct. The penalties for stalking may include imprisonment, fines, and other legal consequences.
It’s important to seek legal advice to fully understand the details and implications of stalking laws in Florida. If you believe you are a victim of stalking or are facing charges related to stalking, it is advisable to consult with a qualified legal professional who can provide guidance based on your specific situation.
According to Florida Statutes, Section 784.048:
Harass Means
To engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
Course of Conduct Means
A pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
Credible Threat Means
A verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
Cyberstalk Means
To engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
Stalking Sanctions
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable by up to one year incarceration.
Aggravated Stalking
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable by up to five years incarceration.
Stalking After An Injunction
A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence, or an injunction for protection against domestic violence, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable by up to five years incarceration.
Stalking a Child
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable by up to five years incarceration.
Consult an Attorney
If you have been the victim of stalking or if you have been charged with stalking you may hire an attorney to represent you in the matter. If you suspect that you are a victim of stalking contact a lawyer to discuss your situation and learn more about what to do about the problem. If you have been charged with stalking contact a lawyer to discuss your options and any possible defenses to the charges. Consult with a qualified criminal defense attorney who can provide guidance based on the details of your situation.
