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.
|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:
- Florida Statutes
- Florida Legal Research
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Florida Stalking Laws: