Stalking in Florida
The crime of Stalking is a First Degree Misdemeanor.
Under Florida Statute 784.048(2), the crime of Stalking is committed when a person willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.
Cyberstalking
Cyberstalking is defined as electronically sending words, images, or language to a person that cause substantial emotional distress and serve no legitimate purpose. [1]
Harassment
Harassment is defined as engaging in a course of conduct directed at a specific person, which causes substantial emotional distress in that person and serves no legitimate purpose. [2]
Penalties for Stalking
The crime of Stalking is a First Degree Misdemeanor in Florida and punishable by up to one (1) year in jail, one (1) year of probation, $1,000 in fines, and a restraining order lasting up to ten (10) years.
A judge may sentence a person convicted of Stalking to probation, but may also impose a sentence up to the statutory maximum of one (1) year in jail.
Defenses to Stalking
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Stalking are:
First Amendment Activity
It is a defense to the crime of Stalking if the conduct the person is alleged to have engaged in is considered constitutionally protected activity, such as picketing or organized protesting. [3]
Legitimate Purpose
If communication with another person is solely made in furtherance of a legitimate pursuit, such as legal, business, or child custody matters, then the communication is presumptively considered legitimate. [4]
As a result, communications made with civility in support of legal, business, or child custody matters will not support a stalking charge.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Stalking in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.