Understanding Harassment Laws in Florida
Many people underestimate what constitutes stalking under Florida law. You don’t have to follow someone through a dark alley or hide in their bushes to be charged. In fact, stalking in Florida can include texts, emails, and social media comments, and it can even escalate to a felony under certain circumstances.
Florida’s stalking laws are strict, and the penalties can be life-altering. If you’ve been accused, it’s critical to understand the legal definitions, potential penalties, and possible defenses.
In this post, Mike G Law, an experienced violent crimes attorney in Tampa, explains harassment laws in Florida, details the Florida stalking statute, and outlines strategies to help you protect your rights if you are facing criminal charges.
What Is Stalking Under Florida Law?
Under Florida Statute § 784.048, Florida defines stalking as when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and causes substantial emotional distress. Additionally, Florida Statute § 784.046 covers injunctions for repeat violence, sexual violence, dating violence (domestic violence), and stalking.
While Florida law does not use “harassment” in statute titles, harassment is central to many stalking and injunction-related offenses. Some key terms to understand:
- Harassment: Engaging in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- Cyberstalking: Use of electronic communication (texts, emails, GPS, social media) to engage in a pattern of conduct that causes distress or includes a credible threat.
- Credible threat: A verbal or nonverbal threat (written, spoken, or implied) that puts the victim in reasonable fear for their safety, the safety of their family members, or individuals closely associated.
Even one repeated action, such as sending unwanted texts or showing up at someone’s workplace, has the potential to lead to criminal charges if it meets these legal standards.
If Stalking Isn’t Just “Following Someone,” What Qualifies as Stalking?
This is not an exhaustive list, but here are some examples of behaviors that may be considered stalking under Florida law:
- Repeated, unwanted text messages or emails
- Using GPS tracking apps to monitor someone’s location
- Monitoring or interacting with a person’s social media without consent
- Leaving unwanted gifts or letters
- Threatening the person or their family members
- Repeatedly showing up uninvited at someone’s home, school, or work
- Hiring a private investigator to gather personal information
- Following someone or vandalizing a person’s property
In all these examples, the behavior must cause substantial emotional distress and serve no legitimate purpose.
What Is Aggravated Stalking?
The offense of aggravated stalking is a more serious charge. Under Florida Statute § 784.048(3-5), aggravated stalking occurs when a person:
- Stalks someone while making a credible threat
- Violates an injunction for protection or other court-imposed prohibition
- Stalks a minor under age 16
- Repeatedly harasses or cyberstalks someone after a prior conviction related to violence or sex crimes
Aggravated Stalking with Special Circumstances
Aggravated stalking penalties become more severe when the offense involves:
- Violation of a permanent injunction, temporary injunction, or other protective order
- Stalking committed after a prior conviction for domestic violence, sexual violence, dating violence, or related conduct
- A defendant who has already served a former sentence for related behavior
- A pattern of conduct composed of escalating threats or harm
Because aggravated stalking involves heightened risk or prior legal violations, it carries significantly harsher penalties than simple stalking and is prosecuted as a felony offense.
What Is Cyberstalking?
Cyberstalking is a form of stalking that involves electronic communication, such as emails, text messages, GPS tracking without a person’s permission, or unwanted social media interaction.
If someone engages in a course of conduct using electronic means that causes substantial emotional distress, they may be charged with stalking or aggravated stalking. Even without direct threats, repeated digital contact without permission may qualify as a criminal offense.
Is Cyberbullying a Crime in Florida?
As a related note, cyberbullying is addressed in Florida under Florida Statute § 1006.147, also known as the Jeffrey Johnston Stand Up for All Students Act. Under this statute, cyberbullying is defined as the use of technology or electronic communication to systematically and chronically inflict substantial emotional distress on a student. This can include actions taken through email, instant messaging, text messages, social media posts, websites, or apps.
Although the statute applies specifically to public school students and school personnel, cyberbullying may also rise to the level of criminal behavior under other Florida laws. Persons who willfully, maliciously, and repeatedly harass or cyberstalk another through electronic means may be charged with stalking.
If cyberbullying behavior escalates or violates a court-imposed prohibition, it could lead to an injunction for protection or even felony charges in the form of aggravated stalking.
Florida Stalking Penalties
Penalties for stalking in Florida depend on the severity of the offense.
Simple Stalking
Charge: First-degree misdemeanor
Penalty:
- Up to 1 year in county jail
- Up to 1 year of probation
- Up to $1,000 fine, plus court costs
- Possible mandatory counseling or behavioral treatment
- May result in a civil injunction or no-contact order
- The court may impose restrictions on firearm possession
Aggravated Stalking
Charge: Third-degree felony
Penalty:
- Up to 5 years in Florida state prison
- Up to 5 years of probation
- Fine of up to $5,000
- Mandatory no-contact provisions, GPS monitoring, or restraining orders
- Possible requirement to complete a psychiatric evaluation or treatment program
- May count as a qualifying offense for repeat offender sentencing enhancements under §775.084 (see below)
- May also have conditions, such as surrendering firearms or staying a specified distance from the victim’s home, school, or workplace for up to 10 years through an injunction for protection
Aggravated Stalking with Special Circumstances
In these cases, courts may consider enhanced sentencing factors, mainly if the stalking occurs while on probation, parole, or during present incarceration or pretrial release. Sentencing may include no early release eligibility, and the charge could be used to justify habitual felony offender status under §775.084.
Injunctions and Court-Imposed Prohibitions
Victims of stalking may request an injunction for protection. This court-imposed prohibition can include:
- No-contact orders
- Restrictions on approaching someone’s home, work, or school
- Required counseling or mental health evaluation
- Future violations are treated as felonies
Violating an injunction can lead to further charges, including felony prosecution for repeat conduct.
Possible Defense Strategies For Stalking Charges
If you’ve been charged with stalking, several legal defenses may be available.
1. Lack of Credible Threat
The threat must create reasonable fear in the victim and appear likely to be carried out. If there was no threat or the threat was not believable, this may be a defense.
2. Legitimate Purpose
Contact may be lawful if it serves a legal or valid purpose, such as coordinating child visitation, business communications, or addressing a civil dispute.
3. Constitutionally Protected Activity
Protesting, picketing, or similar acts related to free speech rights may be considered constitutionally protected activity rather than stalking.
4. Mistaken Identity or False Accusation
If the alleged conduct was carried out by another individual or never occurred, mistaken identity or false accusations may form the basis of a strong defense.
5. Lack of Repetition
Stalking requires a course of conduct. A single incident (even if inappropriate) does not meet the legal threshold.
Each of these defenses must be evaluated within the context of your case. Working with defense attorney Mike G is essential to identifying the most effective legal strategy.
Accused of Stalking or Harassment?
Schedule a Free Consultation With Criminal Defense Attorney Mike G Law
Stalking and harassment charges under Florida law are serious. Before speaking with law enforcement officers or the alleged victim, contact Tampa violent crimes defense attorney Mike G Law, who knows the system and how to fight back.
Mike G leads an aggressive legal defense for clients across the Tampa Bay area facing charges related to harassment laws, including stalking, cyberstalking, and sex crimes. His approach is direct, experienced, and nonjudgmental, helping you make informed decisions and fight for the best possible outcome.
Schedule Your Free Consultation Today
New Clients: Call or Text Mike G now on his cell at 813-468-3081!
FAQs About Stalking & Florida Statutes
Is stalking a felony in Florida?
Yes. Aggravated stalking is a third-degree felony that can result in up to five years in prison.
What counts as harassment under Florida law?
Harassment includes any course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
What’s the difference between sexual harassment and stalking?
While both sexual harassment and stalking involve unwanted behavior that causes emotional distress, they are legally distinct in Florida. Sexual harassment typically arises in workplace or educational settings and may be addressed through civil laws, including federal statutes like Title VII of the Civil Rights Act. It includes unwelcome sexual advances, comments, or conduct. In contrast, stalking is a criminal offense under Florida Statute § 784.048, involving willful, malicious, and repeated behavior that causes substantial emotional distress and serves no legitimate purpose.
Stalking may include following, contacting, or cyberstalking someone, and can become aggravated stalking, a felony, if it involves threats or violations of court orders. While sexual harassment may sometimes involve stalking-like behavior, not all harassment meets the legal threshold for a stalking charge.
Can I be charged for sending repeated text messages?
Yes. Repeated electronic communication without permission that causes emotional distress may be considered cyberstalking.
Is it stalking if I never threatened anyone?
A threat is not required for a stalking charge. Repeated behavior causing substantial distress may be enough.
What if I was just trying to get closure after a breakup?
Even if intentions are emotional or personal, repeated contact may be unlawful if it causes distress or violates a court order.