STALKING

Florida Statute 784.048 outlines the crime of stalking and aggravated stalking. Causing a victim to experience fear based on certain harassing conduct is the basis for stalking. It is consider a crime to cause the victim to fear:

• For their own safety
• For the safety of their family members
• For the safety of someone else they are close to, such as a spouse or partner

The activity can be either in person, online (cyberbullying), or both. Any action “willfully, maliciously, and repeatedly following, harassing, or cyberstalking” another person causing distress to that individual is stalking and is a misdemeanor in the first degree.

Aggravated stalking is the same with the addition that it includes a “credible threat,” which is a threat with the “apparent ability to carry out the threat to cause such harm” and is a third-degree felony. Other aggravating factors are if the victim is under 16 or the perpetrator is violating any protective order in place.

Penalties

• First-degree misdemeanor, punishable by a fine of $1,000 and probation or jail time of up to one year.
• Third-degree felony, punishable by a fine of up to $5,000, along probation or jail time up to five years
• First-degree felony – For someone with a prior conviction, stalking can become a first-degree felony. A first-degree felony is punishable in Florida generally by up to 30 years in prison and a fine of up to $10,000.