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Stalking
Defined as:
  • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking. 
- Section 784.048(2) of the Florida Statutes
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.​
- Section 784.048(1)(a) of the Florida Statutes
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.
- Section 784.048(1)(b) of the Florida Statutes
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; 
  3. Causing substantial emotional distress to that person and serving no legitimate purpose.
- Section 784.048(1)(d) of the Florida Statutes
Penalties for Stalking:
  • Stalking is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine.
- Section 784.048(2) of the Florida Statutes
Aggravated Stalking;
  • Committing the offense of Stalking AND making a credible threat to that person enhances the offense to Aggravated Stalking, a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. 
    • "Credible threat" is defined as a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. Section 784.048(3) of the Florida Statutes.
  • Committing the offense of Stalking against a person who has an injunction for protection against you will enhance the offense to Aggravated Stalking, a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. Section 784.048(4) of the Florida Statutes.​
  • A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of Aggravated Stalking, a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. Section 784.048(5) of the Florida Statutes.
Violation of Injunction
Defined as:
  1. Willfully violating an injunction for protection against repeat violence, sexual violence, or dating violence; by
    • Refusing to vacate the dwelling that the parties share;
    • Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
    • Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;
    • Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
    • Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
    • Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;
    • Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; OR
    • Refusing to surrender firearms or ammunition if ordered to do so by the court.
- Section 784.047(1)(a-h) of the Florida Statutes​
Penalties:
  • Violating an Injunction for Protection Against Repeat Violence, Sexual Violence, or Dating Violence is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine. Section 784.047(1) of the Florida Statutes.
  • If you have two or more prior convictions for violation of an injunction, then the charge will be enhanced to a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine. Section 784.047(2) of the Florida Statutes.
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • Convictions for Stalking & Violation of an Injunction can have significant consequences including fines, probation, jail or even prison time.
  • If you have been charged with Stalking or Violating an Injunction, call (813) 787-4849 now for a free case consultation.
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