Florida Statute §784.048 | Classification: First-Degree Misdemeanor (Aggravated Stalking: Third-Degree Felony)
What Is This Charge?
Stalking in Florida is willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. A single incident is not enough — the law requires a pattern of conduct. Cyberstalking through electronic communication is also covered.
Penalties & Fines
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Stalking (base offense): First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Aggravated Stalking (with a credible threat): Third-Degree Felony — up to 5 years, $5,000 fine
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Aggravated Stalking involving a minor under 16: Third-Degree Felony
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Stalking in violation of an injunction or court order: Third-Degree Felony
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A permanent stalking injunction may be entered against the defendant
Additional Consequences
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Permanent criminal record
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No-contact orders restricting where you can go and who you can contact
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Immigration consequences for non-citizens
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Damage to professional reputation and relationships
Possible Defenses
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The conduct does not constitute ‘repeated’ behavior — only one incident occurred
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The conduct was not willful or malicious
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The alleged victim’s distress was not substantial or not caused by your conduct
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Constitutionally protected speech or expression (First Amendment)
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No credible threat was made (relevant to aggravated stalking)
Why You Need a Defense Attorney
Stalking cases often involve complex factual disputes about the nature and intent of communications or contacts. Many stalking allegations arise from contentious breakups or custody disputes where communication is mischaracterized. An attorney will challenge the pattern of conduct, the intent behind it, and whether the legal standard is met.
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