Understanding Stalking, Cyberstalking, and Harassment Under Florida Law
Stalking, cyberstalking, and harassment are serious offenses under Florida law. These behaviors can cause significant emotional distress and, in some cases, may lead to severe legal consequences for the offender. If you or a loved one is experiencing stalking or harassment, it is crucial to understand your rights and legal remedies.
What is Stalking Under Florida Law?
Florida Statutes Section 784.048 defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. A person commits the crime of stalking if they engage in a pattern of conduct that causes substantial emotional distress to the victim without any legitimate purpose.
Aggravated Stalking: If the stalking behavior includes credible threats of harm, violates a protective order, or involves a victim under 16 years old, the offense is elevated to aggravated stalking, which carries more severe penalties.
What Constitutes Cyberstalking?
Cyberstalking refers to using electronic communication, such as emails, text messages, social media, or other digital platforms, to harass, threaten, or intimidate another person. Florida law specifically defines cyberstalking as:
- Engaging in a course of conduct through electronic communication that causes substantial emotional distress to the victim and serves no legitimate purpose.
- Sending threats through electronic means, causing the victim to fear for their safety or the safety of their loved ones.
Cyberstalking is treated as a form of stalking and carries similar penalties, including potential misdemeanor or felony charges, depending on the severity of the offense.
Understanding Harassment in Florida
Harassment, while similar to stalking, generally involves repeated unwanted conduct that is distressing but may not involve following or monitoring the victim. This can include:
- Persistent unwanted communication
- Verbal abuse or threats
- Public shaming or spreading false information
While harassment can be charged as a standalone offense, it is often a component of stalking or cyberstalking cases.
Legal Consequences of Stalking and Cyberstalking
- Stalking (Misdemeanor of the First Degree): Punishable by up to one year in jail, one year of probation, and a $1,000 fine.
- Aggravated Stalking (Felony of the Third Degree): Punishable by up to five years in prison, five years of probation, and a $5,000 fine.
- Cyberstalking: Depending on the circumstances, cyberstalking can be charged as a misdemeanor or felony, with penalties similar to those of physical stalking.
Protective Orders for Victims
Victims of stalking and cyberstalking can seek an injunction for protection (restraining order) under Florida law. A court-issued injunction can prohibit the offender from making contact, require them to stay a certain distance away, and impose other restrictions to protect the victim.
Defenses Against Stalking or Cyberstalking Charges
Individuals accused of stalking or cyberstalking may have valid defenses, including:
- Lack of intent to harass or intimidate
- Legitimate purpose for communication
- False accusations or mistaken identity
Seek Legal Help
If you are facing stalking or cyberstalking charges or need protection from a stalker, it is essential to consult with an experienced attorney. At Bonderud Law, we provide skilled legal representation for both victims and those accused of these offenses.
For a confidential consultation, contact our office today to discuss your case and explore your legal options.
