- Dorothy Naumann
- Indian River County, FL
How Florida defines stalking under Statute 784.048
Florida Statute 784.048(2) defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. The statute requires a pattern of conduct, and a single incident does not constitute stalking. “Harassing” is defined under the statute as engaging in a course of conduct directed at a specific person that causes substantial emotional distress to that person and serves no legitimate purpose.
Simple stalking is a first-degree misdemeanor under Florida Statute 784.048(2), carrying a maximum of one year in county jail. The offense becomes aggravated stalking, a third-degree felony, when the conduct involves a credible threat, when the victim is a minor under the age of 16, or when the offender is under a court order enjoining the conduct.
Cyberstalking under Florida law
Florida Statute 784.048(1)(d) defines cyberstalking as engaging in a course of conduct to communicate, or 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.
Cyberstalking is treated the same as traditional stalking under the statute. Simple cyberstalking is a first-degree misdemeanor. Aggravated cyberstalking, which involves a credible threat, is a third-degree felony. Florida courts have addressed a range of electronic conduct under the cyberstalking statute, including repeated text messages, emails, and social media contact.
Injunctions for protection against stalking
Florida Statute 784.0485 establishes a civil remedy for stalking victims, an injunction for protection against stalking. A person who is a victim of stalking may petition the circuit court for an injunction without paying a filing fee. The court may issue a temporary injunction ex parte, without the alleged stalker present, and schedule a full hearing within fifteen days.
A final injunction against stalking is a civil order, but violation of the injunction is a separate criminal offense under Florida Statute 784.047, which is a first-degree misdemeanor for a first violation and a third-degree felony for a subsequent violation.
Stalking charges in the context of domestic relationships
Stalking charges frequently arise in the context of domestic relationships, including after separation or divorce. When the parties are family or household members as defined by Florida Statute 741.28, the conduct may also support a petition for a domestic violence injunction under Florida Statute 741.30 in addition to criminal stalking charges.
A credible threat under the stalking statute includes threats made by electronic communication. Florida courts have addressed threats communicated by text message, email, and social media as supporting the credible threat element of aggravated stalking.
Frequently asked questions
What is the difference between stalking and aggravated stalking in Florida?
Simple stalking under Florida Statute 784.048(2) is a first-degree misdemeanor involving repeated following or harassment. Aggravated stalking is a third-degree felony and occurs when the conduct involves a credible threat, targets a minor under 16, or violates a court order.
Is texting someone repeatedly a crime in Florida?
Repeated unwanted electronic communications directed at a specific person that cause substantial emotional distress may constitute cyberstalking under Florida Statute 784.048(1)(d), which is a first-degree misdemeanor.
Can you get a restraining order for stalking in Florida?
Yes. Florida Statute 784.0485 allows a stalking victim to petition the circuit court for an injunction for protection against stalking without a filing fee. The court may issue a temporary injunction before a full hearing.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.