Florida Stalking Law
784.048 Stalking; definitions; penalties.--
(1) As used in this section, the term:
(a) "Harass" means to engage in a course of conduct directed at a
specific person that causes substantial emotional distress in such
person and serves no legitimate purpose.
(b) "Course of conduct" means a pattern of conduct composed of a series
of acts over a period of time, however short, evidencing a continuity of
purpose. Constitutionally protected activity is not included within the
meaning of "course of conduct." Such constitutionally protected activity
includes picketing or other organized protests.
(c) "Credible threat" means a threat made with the intent to cause the
person who is the target of the threat to reasonably fear for his or her
safety. The threat must be against the life of, or a threat to cause
bodily injury to, a person.
(d) "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.
(2) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person commits the offense of stalking,
a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
(3) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person, and makes a credible threat
with the intent to place that person in reasonable fear of death or
bodily injury of the person, or the person's child, sibling, spouse,
parent, or dependent, commits the offense of aggravated stalking, a
felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(4) Any person who, after an injunction for protection against repeat
violence, sexual violence, or dating violence pursuant to s. 784.046, or
an injunction for protection against domestic violence pursuant to s.
741.30, 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks a minor under 16 years of age commits the
offense of aggravated stalking, a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any law enforcement officer may arrest, without a warrant, any
person he or she has probable cause to believe has violated the
provisions of this section.
(7) Any person who, after having been sentenced for a violation of s.
794.011 or s. 800.04, and prohibited from contacting the victim of the
offense under s. 921.244, willfully, maliciously, and repeatedly
follows, harasses, or cyberstalks the victim commits the offense of
aggravated stalking, a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(8) The punishment imposed under this section shall run consecutive to
any former sentence imposed for a conviction for any offense under s.
794.011 or s. 800.04.
This section of Florida law is provided for informational purposes
only. This section does not include case law construction and is not
intended to constitute legal interpretation nor advice.
