Analyzing
Stalking Laws
Stalking
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).
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Related
Offenses
Fla. Stat. §
810.14. Voyeurism prohibited; penalties.
(2006)
(1)
A
person commits the offense of voyeurism when he or she, with lewd, lascivious,
or indecent intent, secretly observes another person when the other person is
located in a dwelling, structure, or conveyance and such location provides a
reasonable expectation of privacy.
(2)
A
person who violates this section commits a misdemeanor of the first degree for
the first violation, punishable as provided in s.
775.082 or
s.
775.083.
(3)
A
person who violates this section and who has been previously convicted or
adjudicated delinquent two or more times of any violation of this section
commits a felony of the third degree, punishable as provided in
s.
775.082,
s.
775.083, or
s.
775.084.
(4)
For
purposes of this section, a person has been previously convicted or
adjudicated delinquent of a violation of this section if the violation
resulted in a conviction sentenced separately, or an adjudication of
delinquency entered separately, prior to the current
offense.
Fla. Stat. § 810.145.
Video voyeurism. (2008)
(1)
As
used in this section, the term:
(a)
"Broadcast" means electronically
transmitting a visual image with the intent that it be viewed by another
person.
(b)
"Imaging device" means any
mechanical, digital, or electronic viewing device; still camera; camcorder;
motion picture camera; or any other instrument, equipment, or format capable
of recording, storing, or transmitting visual images of another
person.
(c)
"Place and time when a person
has a reasonable expectation of privacy" means a place and time when a
reasonable person would believe that he or she could fully disrobe in privacy,
without being concerned that the person's undressing was being viewed,
recorded, or broadcasted by another, including, but not limited to, the
interior of a bathroom, changing room, fitting room, dressing room, or tanning
booth.
(d)
"Privately exposing the body"
means exposing a sexual organ.
(2)
A
person commits the offense of video voyeurism if that
person:
(a)
For
his or her own amusement, entertainment, sexual arousal, gratification, or
profit, or for the purpose of degrading or abusing another person,
intentionally uses or installs an imaging device to secretly view, broadcast,
or record a person, without that person's knowledge and consent, who is
dressing, undressing, or privately exposing the body, at a place and time when
that person has a reasonable expectation of
privacy;
(b)
For
the amusement, entertainment, sexual arousal, gratification, or profit of
another, or on behalf of another, intentionally permits the use or
installation of an imaging device to secretly view, broadcast, or record a
person, without that person's knowledge and consent, who is dressing,
undressing, or privately exposing the body, at a place and time when that
person has a reasonable expectation of privacy;
or
(c)
For
the amusement, entertainment, sexual arousal, gratification, or profit of
oneself or another, or on behalf of oneself or another, intentionally uses an
imaging device to secretly view, broadcast, or record under or through the
clothing being worn by another person, without that person's knowledge and
consent, for the purpose of viewing the body of, or the undergarments worn by,
that person.
(3)
A
person commits the offense of video voyeurism dissemination if that person,
knowing or having reason to believe that an image was created in a manner
described in this section, intentionally disseminates, distributes, or
transfers the image to another person for the purpose of amusement,
entertainment, sexual arousal, gratification, or profit, or for the purpose of
degrading or abusing another person.
(4)
A
person commits the offense of commercial video voyeurism dissemination if that
person:
(a)
Knowing or having reason to
believe that an image was created in a manner described in this section, sells
the image for consideration to another person;
or
(b)
Having created the image in a
manner described in this section, disseminates, distributes, or transfers the
image to another person for that person to sell the image to
others.
(5)
This
section does not apply to any:
(a)
Law
enforcement agency conducting surveillance for a law enforcement
purpose;
(b)
Security system when a written
notice is conspicuously posted on the premises stating that a video
surveillance system has been installed for the purpose of security for the
premises;
(c)
Video
surveillance device that is installed in such a manner that the presence of
the device is clearly and immediately obvious;
or
(d)
Dissemination, distribution, or
transfer of images subject to this section by a provider of an electronic
communication service as defined in 18
U.S.C. s. 2510(15), or a
provider of a remote computing service as defined in 18
U.S.C. s. 2711(2). For
purposes of this section, the exceptions to the definition of "electronic
communication" set forth in 18
U.S.C. s. 2510(12)(a),
(b), (c), and (d) do not apply, but are included within the definition of the
term.
(6)
Except as provided in
subsections (7) and (8), a person who violates this section commits a
misdemeanor of the first degree, punishable as provided in
s.
775.082 or
s.
775.083.
(7)
A
person who violates this section and who has previously been convicted of or
adjudicated delinquent for any violation of this section commits a felony of
the third degree, punishable as provided in s.
775.082,
s.
775.083, or
s.
775.084.
(8)
(a)
A
person who is:
1.
Eighteen years of age or older
who is responsible for the welfare of a child younger than 16 years of age,
regardless of whether the person knows or has reason to know the age of the
child, and who commits an offense under this section against that
child;
2.
Eighteen years of age or older
who is employed at a private school as defined in s.
1002.01; a school
as defined in s.
1003.01; or a
voluntary prekindergarten education program as described in
s.
1002.53(3)(a), (b), or
(c) and who commits an offense under this section against a student of the
private school, school, or voluntary prekindergarten education program;
or
3.
Twenty-four years of age or
older who commits an offense under this section against a child younger than
16 years of age, regardless of whether the person knows or has reason to know
the age of the child commits a felony of the third degree, punishable as
provided in s.
775.082,
s.
775.083, or
s.
775.084.
(b)
A
person who violates this subsection and who has previously been convicted of
or adjudicated delinquent for any violation of this section commits a felony
of the second degree, punishable as provided in s.
775.082,
s.
775.083, or
s.
775.084.
(9)
For
purposes of this section, a person has previously been convicted of or
adjudicated delinquent for a violation of this section if the violation
resulted in a conviction that was sentenced separately, or an adjudication of
delinquency entered separately, prior to the current
offense.
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.
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