Florida Stalking Laws
More Information on Stalking Laws
| Code Section | 784.048 |
| Stalking Defined as | Willful, malicious, and repeated following or harassing. (704.048(2)); Aggravated stalking: willful, malicious and repeated following or harassing another with credible threats with the intent to place person in reasonable fear of death or bodily injury; or willfully, maliciously, repeatedly follows or harasses minor under 16; or after injunction for protection or any court-imposed prohibition of conduct, knowingly, willfully, maliciously and repeatedly follows or harasses another person. |
| Punishment/Classification | Sentencing/fines: apply 775.082, 083,084 Stalking misdemeanor is 1st degree Aggravated stalking is felony of the 3rd degree 784.048(3), (4) and (5) |
| Penalty for Repeat Offense | In violation of injunction or domestic violence protective order: felony in 3rd degree |
| Arrest or Restraining Order Specifically Authorized by Statute? | Arrest without warrant if probable cause to believe statute is violated. (784.048(6)) |
| Constitutionally Protected Activities Exempted? | Yes. (784.048(1)(b)); includes picketing and organized protests |
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