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Federal and State Laws: Stalking – Florida
Stalking Laws
Stalking
Stalking occurs when someone causes another person fear or emotional distress by:
• following or harassing them
• sending them electronic communications (cyberstalking)
• making credible threats to the person, the person's family, or others close to the person
Some common stalking behaviors are following the target, repeatedly making phone calls,
leaving voice or text messages, or gifts. While each of these acts alone may seem noncriminal
and nonthreatening, it's the pattern and context of the acts that turn them into the crime of
stalking.
Following, harassing, or cyberstalking someone is a misdemeanor punishable by both jail and a
fine. However, if credible threats are also made, a stalker faces additional felony charges, prison
time, and a court order to stay away from the target for up to ten years after being released from
prison.
Sexual Cyber Harassment
Sexual cyber harassment is the crime of publishing to an Internet website or disseminating
through electronic means an image of a person's intimate body parts or of the person engaged
in sexual conduct, without the depicted person's consent and contrary to their reasonable
expectation of privacy, in order to cause that person substantial emotional distress.
Statutes
Florida Law
Stalking Statutes
Florida Statutes
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.048 Stalking; definitions; penalties.
(1) As used in this section, the term:
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(a) "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.
(b) "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.
(c) "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.
(d) "Cyberstalk" means:
1. 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, or
2. To access, or attempt to access, the online accounts or Internet-connected home
electronic systems of another person without that person’s permission causing
substantial emotional distress to that person and serving no legitimate purpose.
(2) 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 as
provided in s. 775.082 or s. 775.083.
(3) 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A 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
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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) 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 as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) A law enforcement officer may arrest, without a warrant, any person that he or she has
probable cause to believe has violated this section.
(7) A person who, after having been sentenced for a violation of s. 794.011 [sexual battery]…
[Content omitted for clarity] and prohibited from contacting the victim of the offense… [Content
omitted for clarity] 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.
…. [Content omitted for clarity]
(9)
(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining
the defendant from any contact with the victim, which may be valid for up to 10 years, as
determined by the court. It is the intent of the Legislature that the length of any such order be
based upon the seriousness of the facts before the court, the probability of future violations by
the perpetrator, and the safety of the victim and his or her family members or individuals closely
associated with the victim.
(b) The order may be issued by the court even if the defendant is sentenced to a state prison or
a county jail or even if the imposition of the sentence is suspended and the defendant is placed
on probation.
Florida Law
Cyberharassment Statute
Florida Statutes
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.049 Sexual cyberharassment.
(1) The Legislature finds that:
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(a) A person depicted in a sexually explicit image taken with the person's consent may retain a
reasonable expectation that the image will remain private despite sharing the image with
another person, such as an intimate partner.
(b) It is becoming a common practice for persons to publish a sexually explicit image of another
to Internet websites or to disseminate such an image through electronic means without the
depicted person's consent, contrary to the depicted person's reasonable expectation of privacy,
for no legitimate purpose, with the intent of causing substantial emotional distress to the
depicted person.
(c) When such images are published on Internet websites, the images are able to be viewed
indefinitely by persons worldwide and are able to be easily reproduced and shared.
(d) The publication or dissemination of such images through the use of Internet websites or
electronic means creates a permanent record of the depicted person's private nudity or private
sexually explicit conduct.
(e) The existence of such images on Internet websites or the dissemination of such images
without the consent of all parties depicted in the images causes those depicted in such images
significant psychological harm.
(f) Safeguarding the psychological well-being and privacy interests of persons depicted in such
images is compelling.
(2) As used in this section, the term:
(a) "Image" includes, but is not limited to, any photograph, picture, motion picture, film, video, or
representation.
(b) "Personal identification information" means any information that identifies an individual, and
includes, but is not limited to, any name, postal or electronic mail address, telephone number,
social security number, date of birth, or any unique physical representation.
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(c) "Sexually cyberharass" means to publish to an Internet website or disseminate through
electronic means to another person a sexually explicit image of a person that contains or
conveys the personal identification information of the depicted person without the depicted
person's consent, contrary to the depicted person's reasonable expectation that the image
would remain private, for no legitimate purpose, with the intent of causing substantial emotional
distress to the depicted person. Evidence that the depicted person sent a sexually explicit image
to another person does not, on its own, remove his or her reasonable expectation of privacy for
that image.
(d) "Sexually explicit image" means any image depicting nudity, as defined in s. 847.001, or
depicting a person engaging in sexual conduct, as defined in s. 847.001.
(3)
(a) Except as provided in paragraph (b), a person who willfully and maliciously sexually
cyberharasses another person commits a misdemeanor of the first degree… [Content omitted
for clarity]
(b) A person who has one prior conviction for sexual cyberharassment and who commits a
second or subsequent sexual cyberharassment commits a felony of the third degree… [Content
omitted for clarity]
(4)
(a) A law enforcement officer may arrest, without a warrant, any person that he or she has
probable cause to believe has violated this section.
(b) Upon proper affidavits being made, a search warrant may be issued to further investigate
violations of this section, including warrants issued to search a private dwelling.
(5) An aggrieved person may initiate a civil action against a person who violates this section to
obtain all appropriate relief in order to prevent or remedy a violation of this section, including the
following:
(a) Injunctive relief.
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(b) Monetary damages to include $5,000 or actual damages incurred as a result of a violation of
this section, whichever is greater.
(c) Reasonable attorney fees and costs.
…. [Content omitted for clarity]
(7) A violation of this section is committed within this state if any conduct that is an element of
the offense, or any harm to the depicted person resulting from the offense, occurs within this
state.
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means, without permission. © Vector Solutions. All rights reserved.
