Florida Statute 784.048 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE

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F.S. 784.048

784.048 Stalking; definitions; penalties.—

(1) As used in this section, the term:

(a) “Harass” means 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.

(b) “Course of conduct” means 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.

(c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.

(d) “Cyberstalk” means:

1. To engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; or

2. To access, or attempt to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission,

causing substantial emotional distress to that person and serving no legitimate purpose.

(2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.

(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).

(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.

(b) The order may be issued by the court even if the defendant is sentenced to a state prison or a county jail or even if the imposition of the sentence is suspended and the defendant is placed on probation.

History.—s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27; s. 23, ch. 2002-55; s. 1, ch. 2003-23; s. 3, ch. 2004-17; s. 3, ch. 2004-256; s. 17, ch. 2008-172; s. 2, ch. 2012-153; s. 31, ch. 2019-167; s. 1, ch. 2021-220.

F.S. 784.048 on Google Scholar

F.S. 784.048 on Casetext

Amendments to 784.048

Arrestable Offenses / Crimes under Fla. Stat. 784.048

Level: Degree
Misdemeanor/Felony: First/Second/Third

S784.048 2 - STALKING - FOLLOW HARASS CYBERSTALK ANOTHER - M: F

S784.048 3 - AGGRAV STALKING - FOLLOW HARASS CYBERSTALK CRED THREAT TO PERSON - F: T

S784.048 4 - AGGRAV STALKING - FOLLOW HARASS CYBERSTALK AFTER INJUNCTION - F: T

S784.048 5 - AGGRAV STALKING - OF CHILD UNDER 16 YOA - F: T

S784.048 7 - AGGRAV STALKING - STALKING VICTIM AFTER NO CONTACT ORDER - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 784.048

Total Results: 20

Deymus Ramos Gonzalez v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: Statutes, and aggravated stalking under section 784.048(4), Florida Statutes. Each of these

Deymus Ramos Gonzalez v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: Statutes, and aggravated stalking under section 784.048(4), Florida Statutes. Each of these

Deymus Ramos Gonzalez v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00

Snippet: Statutes, and aggravated stalking under section 784.048(4), Florida Statutes. Each of these

Gamaly Argentina Hollis v. The State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: “directed at a specific person” under section 784.048(1) “can include communications with third parties

Hoover v. Peak, C.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-07T00:00:00-07:00

Snippet: harasses, or cyberstalks another person[.]” § 784.048(2), Fla. Stat. To establish a showing of …that person and serves no legitimate purpose.” § 784.048(1)(a), Fla. Stat. In this case, Hoover attended…Hoover was “harassing” C.P. and the family. See § 784.048(1)(a), Fla. Stat. (defining “harass” as engaging…such as picketing or other organized protests.” § 784.048(1)(b), Fla. Stat. …Hoover “repeatedly followed” Peak’s family. See § 784.048(2), Fla. Stat.

Cheveon Alonzo Ford v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-19T00:00:00-07:00

Snippet: stalking after an injunction, in violation of section 784.048(4), Florida Statutes (2021). A jury convicted Ford…harassed G.F. as the term is defined in section 784.048, Florida Statutes. He claims that there was no …harassed G.F. as the term is defined in section 784.048(1)(a), Florida Statutes. The trial court denied…trial court determined that Ford violated section 784.048(4), Florida Statutes: A person who, after…stalking, a felony of the third degree. § 784.048(4), Fla. Stat. (2021). To convict Ford of aggravated

Thomas Bart Brennan v. Zoubair Bennani

Court: Fla. Dist. Ct. App. | Date Filed: 2024-04-17T00:00:00-07:00

Snippet: conduct under the definition of stalking in section 784.048(1)(b), Florida Statutes, but the victim does not