Florida Cyberstalking - Attorney's Legal Issues for Lawyers

To prove the crime of Cyber Stalking, § 784.048(2), Fla. Stat. the State must prove beyond a reasonable doubt: The Defendant willfully, maliciously, and repeatedly cyberstalked the alleged victim.

Under Florida Cyberstalking law, "Harass" means engage in a course of conduct directed at a specific person that causes substantial emotional distress and serves no legitimate purpose.

Under Florida Cyberstalking law, "Cyberstalk" means engage in a course of conduct to communicate, by or through the use of electronic mail or electronic communication, causing substantial emotional distress and serving no legitimate purpose.

Under Florida Cyberstalking law, "Course of conduct" means a pattern of conduct, a series of acts over a period of time, evincing a continuity of purpose. Constitutionally protected speech is not included within the meaning of "course of conduct."

Under Florida Cyberstalking law,, "Credible threat" means a threat made with intent to cause the target of the threat to reasonably fear for safety. The threat must be against the life of, or a threat to cause bodily injury.

Under Florida Cyberstalking law, "Cyberstalk" means to engage in a course of conduct to communicate, words, images, or language by or through the use of electronic mail or electronic communication, causing substantial emotional distress and serving no legitimate purpose.

Under Florida Cyberstalking law the penalties are: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree.

Under Florida Cyberstalking law the crimes are: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree.

Under Florida Cyberstalking law the crimes can be: Any 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.

Under Florida Cyberstalking law the crime can be: Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor 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.

Under Florida Cyberstalking law the government can: Arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.

Under Florida Cyberstalking law the penalties can be enhanced for: Any 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.

Under Florida Cyberstalking law 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).

Cyberstalking - Attorney Legal Issues for Lawyers

Board Certified Criminal Trial Lawyer W.F. "Casey" Ebsary Jr. has experience in litigating cyberstalking issues. Call him Toll Free at 1-877-793-9290.