Florida
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Fla. Stat. § 784.048. Stalking; definitions;
penalties.
(2008)
(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, s.
800.04, or s.
847.0135(5) 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, s.
800.04, or s.
847.0135(5).
Fla. Stat. § 836.10. Written threats to kill or do bodily injury;
punishment. (2008)
If any person writes or composes
and also sends or procures the sending of any letter or inscribed communication,
so written or
composed, whether such letter or communication be signed or anonymous, to any
person, containing a threat to kill or to do
bodily injury to the person to whom such letter or communication
is sent, or a threat to kill or do
bodily injury to any member of the family of the person to whom
such letter or communication is sent, the person so writing or composing and so
sending or procuring the sending of such letter or communication, shall be
guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.