What is Stalking in Florida?
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of Stalking, a misdemeanor of the first degree.
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"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.
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"Course of Conduct" means a pattern of conduct composed of a serious 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.
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"Cyberstalk" means: (1) to engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to 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.
Potential Jail Time
Stalking is a 1st degree misdemeanor, punishable by up to 1 year in the county jail.​


Potential Fine
A conviction ​for Stalking can result in a fine of up to $1,000.
What Are The Elements Of Stalking?
To prove the crime of Stalking, the State must prove the following element beyond a reasonable doubt:
(Defendant) willfully, maliciously, and repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).
“Willfully” means knowingly, intentionally, and purposely.
Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007).
“Maliciously” means wrongfully, intentionally, and without lawful justification or excuse.
Give if applicable.
§ 784.048, Fla. Stat.; Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994).
“Harass” means to engage in a course of conduct directed at (victim), that
1. served no legitimate purpose;
2. would cause substantial emotional distress to a reasonable person; and
3. did cause substantial emotional distress to (victim).
“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.
“Cyberstalk” means [to engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person,] [or] [to access or attempt to access the online accounts or Internet-connected home electronic systems of another person without that person’s permission,] serving no legitimate purpose, causing substantial emotional distress to that person, and that would cause substantial emotional distress to a reasonable person.
Call Now For A Free Consultation
Facing a Stalking charge can be stressful, confusing, and potentially life-changing. A conviction can result in a permanent criminal record. You can also face jail, probation and fines. If you’ve been charged with Stalking, understanding your rights and legal options is critical. Call now for a free, confidential consultation.

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