Stalking is a serious offense in Florida, carrying significant legal consequences for those found guilty. Whether it involves unwanted communication, surveillance, or threats, stalking can create an environment of fear and distress for victims. Understanding Florida’s stalking laws is crucial for protecting yourself and recognizing when legal action may be necessary. This blog from The Sombathy Law Firm will shed light on what constitutes stalking and what you can do to protect yourself.
What Is Stalking?
Under Florida law, stalking occurs when someone willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. Let’s break down these terms:
- Harassment: A course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.
- Cyberstalking: Engaging in conduct to communicate, or causing communication to be sent, through electronic means—such as email, social media, or text messaging—that results in substantial emotional distress.
- Course of conduct: A pattern of behavior composed of a series of acts over a period of time, however short, that evidences a continuity of purpose.
Stalking behaviors can range from unwanted phone calls and messages to more overt actions like following the victim, showing up uninvited, or using technology to track their movements.
Types of Stalking in Florida
Florida law recognizes two primary forms of stalking:
- Misdemeanor Stalking: This occurs when an individual repeatedly harasses or cyberstalks another person. It is classified as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine.
- Aggravated Stalking: This more severe charge applies when stalking involves credible threats of violence, stalking a minor under 16 years old, or violating a court-issued injunction or protective order. Aggravated stalking is a third-degree felony, punishable by up to five years in prison, five years of probation, and a $5,000 fine.
Defining a Credible Threat
A credible threat is defined as a verbal or nonverbal threat that places the victim in reasonable fear for their safety or the safety of their family. It can be communicated directly, indirectly, or through a third party. Even if the perpetrator does not intend to carry out the threat, the law focuses on how the victim perceives the threat.
Penalties for Stalking
The penalties for stalking depend on the circumstances of the offense and the type of stalking charge:
- Misdemeanor Stalking: First-degree misdemeanors carry up to one year in jail and a $1,000 fine.
- Aggravated Stalking: Third-degree felonies can lead to up to five years in prison and a $5,000 fine.
- Injunction Violations: Violating a stalking injunction can lead to additional charges, compounding the penalties.
Beyond criminal penalties, convicted individuals may face long-term consequences such as restraining orders, loss of custody rights, and difficulties securing employment or housing due to a criminal record.
Stalking and Protective Injunctions
Victims of stalking can seek protective injunctions—commonly referred to as restraining orders—to help ensure their safety. These orders can:
- Prohibit the perpetrator from contacting or coming near the victim.
- Require the perpetrator to stay away from the victim’s home, workplace, or other frequented locations.
- Address issues related to shared custody or property.
Violating a protective injunction is a separate criminal offense and can lead to additional penalties.
What to Do If You Are a Victim of Stalking
If you believe you are being stalked, taking immediate action is essential:
- Document Everything: Keep a detailed record of incidents, including dates, times, and descriptions of the stalking behavior. Also, save messages, emails, and other communications.
- Notify Authorities: Report stalking incidents to local law enforcement. Provide them with your documentation to help build a case.
- Seek a Protective Injunction: Work with an attorney to file for a stalking injunction to legally protect yourself.
- Enhance Personal Safety: Consider changing your daily routines, securing your home, and limiting the information you share online to reduce your vulnerability.
Defending Against Stalking Charges
Accusations of stalking are serious and can have life-altering consequences. If you are accused of stalking, it’s important to understand your rights and options:
- Challenge the Evidence: The prosecution must prove the elements of stalking beyond a reasonable doubt. This includes showing that your actions were willful, malicious, and repetitive.
- Establish a Legitimate Purpose: Demonstrating that your actions served a legitimate purpose can help refute claims of harassment.
- Seek Legal Representation: A knowledgeable attorney can help you build a strong defense, ensuring your side of the story is heard and your rights are protected.
Why Understanding Stalking Laws Matters
Stalking laws in Florida are designed to protect individuals from behavior that can cause significant emotional harm. At the same time, these laws require thorough investigation and evidence to ensure fairness. Whether you are seeking protection from stalking or facing accusations, having a clear understanding of these laws and the penalties involved is key to navigating the legal system effectively.
If you have questions about Florida’s stalking laws or need legal assistance, The Sombathy Law Firm is here to provide personalized guidance. Contact us today to schedule a consultation.
