Stalking

Florida law has sweeping laws that prohibit all forms of stalking and cyberstalking. The penalties are harsh and the law is often unforgiving. To prove the crime of Stalking under § 784.048(2), Fla. Stat., the prosecutor with the State Attorney’s Office in Broward County, FL, must prove the following element beyond a reasonable doubt that the defendant acted willfully, maliciously, and repeatedly to:

    • follow the victim;
    • harass the victim; or
    • cyberstalk the victim.

The penalties are enhanced to a felony if any form of aggravated stalking is alleged. If you are charged with stalking, the seek out the service of a criminal defense attorney who can help you mount an aggressive defense with the goal of getting the charges dismissed.

Attorneys for Stalking Accusations in Fort Lauderdale, FL

The attorneys at Bacchus & Navarro Law Group represent clients charged with the serious criminal offense of stalking or cyberstalking s prohibited by § 784.048(2), Fla. Stat.  If you were charged with stalking in Broward County after an incident that occurred in or around Fort Lauderdale, Plantation, Deerfield Beach or Hollywood, FL, then contact an attorney at Bacchus & Navarro Law Group.

We also represent clients charged with any form of aggravated stalking because of prior convictions, a child victim, or when a prior injunction for protection against stalking was entered. We also represent clients charged with violating an injunction for protection against stalking or cyberstalking as prohibited by § 784.0487(4), Fla. Stat.

Call (954) 500-5555 today.


Definitions for Florida’s Stalking Statute 

Under § 784.048(1)(d), Fla. Stat., the term “cyberstalk” is defined to mean engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

Under § 784.048(1)(b), Fla. Stat., the term “course of conduct” is defined to mean “a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.”

Under § 784.048(1)(a), Fla. Stat., the term “harass” is defined to mean “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.”

The standard jury instruction for stalking was originally approved in 1995 [657 So. 2d 1152] and amended in 2007 [953 So. 2d 495] and 2013.


Examples of Florida’s Felony Forms of Aggravated Stalking  

Under Florida law, crimes of stalking can be charged as a felony when certain aggravated factors are alleged. The most common forms of aggravated stalking in Florida include:

  • Aggravated Stalking under § 784.048(3), Fla. Stat.
  • Aggravated Stalking after an injunction is entered as prohibited by § 784.048(4), Fla. Stat.
  • Aggravated Stalking when the victim is under 16 years of age as prohibited by § 784.048(5), Fla. Stat.
  • Aggravated Stalking when the defendant was previously sentenced for sex offense and was prohibited from contacting victim as prohibited by § 784.048(7), Fla. Stat.

This article was last updated on Sunday, November 11, 2017.