Are You a Legal Professional?

Florida Stalking Laws

Stalking is a crime in all states, characterized as a pattern of malicious and willful behavior rather than a one-time event. The crime is often charged against estranged partners and spouses. Florida's stalking law  defines the crime as repeated harassment that creates a credible threat of harm. Victims of stalking typically seek restraining orders (also called "orders of protection") to keep offenders away.

Below are the basic elements of Florida's stalking law. See Details on State Stalking Laws to learn more.

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

Note: State laws are constantly changing -- contact a Florida criminal attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law:

Related Resources for Florida Stalking Laws:

Next Step Search and Browse
Contact a qualified attorney.
(e.g., Chicago, IL or 60611)