{"id":372626,"date":"2016-03-31T21:34:57","date_gmt":"2016-04-01T02:34:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-stalking-laws.html"},"modified":"2018-03-19T14:58:46","modified_gmt":"2018-03-19T19:58:46","slug":"florida-stalking-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-stalking-laws.html","title":{"rendered":"Florida Stalking Laws"},"content":{"rendered":"\n
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Florida Stalking Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

What is stalking<\/a>? Stalking is characterized as a pattern<\/i> of malicious and willful behavior that occurs over a period of time — and more than once. While we often associate stalking with someone lurking in the bushes outside someone\u2019s house, stalking can also refer to various other forms of harassment, such as: repeatedly calling someone\u2019s home or place of business, vandalizing personal property, or even leaving someone unwanted written notes or gifts.<\/p>\n

Though most have only recently made it a crime, stalking is now a criminal offense in every state. Florida’s stalking law defines the crime as repeated harassment that creates a credible threat of harm. The crime is often charged against estranged partners and spouses.<\/p>\n

In Florida, victims of stalking also have a civil remedy available to them in the form of restraining orders<\/a> (also called "orders of protection"). A restraining order is an official document issued by the court that essentially \u201corders\u201d (requires) the stalker to refrain from contacting or otherwise pursuing the victim.<\/p>\n

Below are the basic elements of Florida’s stalking law.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

Florida Code Section 784.048<\/a><\/b><\/p>\n<\/td>\n<\/tr>

Definitions<\/b><\/p>\n<\/td>\n

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  • Stalking:<\/b>Willful, malicious, and repeated following or harassing.<\/li>\n
  • Aggravated Stalking<\/b>: 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.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Punishment\/Classification<\/b><\/p>\n<\/td>\n

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  • Stalking:<\/b> Misdemeanor of the 1st degree<\/li>\n
  • Aggravated Stalking:<\/b> Felony of the 3rd degree<\/li>\n
  • Sentencing\/Fines:<\/b> Apply 775.082, 083,084<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalty for Repeat Offense<\/b><\/p>\n<\/td>\n

Violating Injunction\/Protective Order:<\/b><\/p>\n

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  • Judge must impose a minimum sentence of twenty-one (21) months imprison and can impose any additional penalties of:<\/li>\n
  • Up to five (5) years in prison.<\/li>\n
  • Up to five (5) years of probation.<\/li>\n
  • Up to $5,000 in fines.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Arrest or Restraining Order Specifically Authorized by Statute?<\/b><\/p>\n<\/td>\n

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  • Arrest without warrant if probable cause to believe statute is violated.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n