Stalking
Arrest exception may applyWillfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
Florida Statute
§ 784.048
Stalking; definitions; penalties
Verified against the 2026 Florida Statutes: September 13, 2026
Case Law & Enforcement Cautions
Printed statutory elements and penalties must be read with these limitations.
Threatening Speech — Constitutional Mental-State Requirement
Controlling limitation
- When prosecution relies on speech as a true threat, Counterman v. Colorado (U.S. Supreme Court; June 27, 2023) requires an objectively threatening statement and at least recklessness about whether the communication would be understood as threatening violence: conscious disregard of a substantial, unjustifiable risk. A listener's fear or intentional transmission alone does not establish that subjective understanding.
- This is a constitutional minimum, not a replacement for any higher intent, knowledge, or other requirement in Florida law or applicable instructions. Preserve the exact communication, context, prior warnings, and evidence of the speaker's understanding. Do not assume Counterman invalidates the entire statute or adds a credible-threat element to every non-threat stalking theory; obtain legal guidance for the charged track.
Targeted sources reviewed September 16, 2026; not a certification of all case law or the latest docket, mandate, or stay status. Verify current controlling law and agency/State Attorney guidance before enforcement. Statute-edition verification is separate from case-law review.
Warrantless Arrest Authority
Conditional authority—not a blanket exception for every charge on this page. PC means probable cause. Establish probable cause and the applicable facts; open the entry for complete requirements. Arrest authority alone does not authorize entry into a home.
Domestic violence / dating violence
Required facts
- Probable cause for domestic violence as defined in §741.28 OR dating violence under §784.046.
- Establish the qualifying conduct AND the relationship required by the applicable definition.
Limits & qualifications
- Establish the applicable relationship and qualifying conduct; ordinary non-domestic assault is not automatically covered.
- Victim consent is not required; the statute discourages dual arrests.
Authority
Stalking / cyberstalking
Quick Summary
Stalking requires repeated willful and malicious conduct directed toward another person. Aggravated stalking applies when specific additional circumstances are present.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Stalking
F.S. § 784.048(2)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
Stalking — Domestic Violence Designation
F.S. §§ 784.048(2); 741.28(2)
Stalking committed by one family or household member against another. Domestic violence is a statutory designation; it does not independently reclassify the stalking degree.
Aggravated Stalking — Credible Threat
F.S. § 784.048(3)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person while making a credible threat to that person.
Charge-Specific Elements
Open a charge to review the statutory facts that distinguish that charging track.
Stalking
Florida Statute § 784.048(2)
Stalking
Florida Statute § 784.048(2)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
What to Establish
The State must establish the required mental state and repetition plus one statutory conduct theory.
Important Charge Note
First-degree misdemeanor under F.S. 784.048(2).
Aggravated Stalking - Credible Threat
Florida Statute § 784.048(3)
Aggravated Stalking - Credible Threat
Florida Statute § 784.048(3)
Stalking in which the offender makes a credible threat to the other person.
What to Establish
The common stalking conduct plus a statutory credible threat.
Important Charge Note
Third-degree felony under F.S. 784.048(3).
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove the complete stalking element
The defendant acted willfully, maliciously, and repeatedly.
Plain language: The conduct must be intentional, wrongful, and repeated rather than accidental or isolated.
- Element 2AND — Required
This required component contains alternative forms of prohibited conduct
The defendant followed, harassed, or cyberstalked another person.
Plain language: The prohibited conduct may be following, harassment, or cyberstalking directed toward the other person.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.6
Stalking
Florida Standard Jury Instruction for F.S. § 784.048(2).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 8.7(a)
Aggravated Stalking - Credible Threat
Florida Standard Jury Instruction for the credible-threat theory under F.S. § 784.048(3).
View Official InstructionVerified against the official instruction source: September 13, 2026
Instruction 8.7(b)
Aggravated Stalking - Injunction Entered
Florida Standard Jury Instruction for the injunction or court-order theory under F.S. § 784.048(4).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Harass
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.
Course of Conduct
A pattern of conduct composed of a series of acts over a period of time, however short, showing a continuity of purpose. It does not include constitutionally protected activity such as picketing or other organized protests.
Credible Threat
A verbal or nonverbal threat, including one delivered electronically or implied by a pattern of conduct, that places the target in reasonable fear for safety of the target, family, or closely associated persons and is made with the apparent ability to carry it out.
Cyberstalk
To engage in the defined electronic communications or unauthorized access or attempted access to online accounts or Internet-connected home electronic systems, causing substantial emotional distress and serving no legitimate purpose.
Additional Notes
Additional Notes
Quick Reference
Stalking requires willful, malicious, and repeated following, harassment, or cyberstalking of another person. The conduct theory and any aggravating circumstance should be documented clearly.
Classification
Basic stalking is a first-degree misdemeanor. Aggravated stalking is a third-degree felony when the statutory credible-threat, injunction or court-order, child-victim, or post-sentence no-contact circumstance applies.
Protected Activity
The statutory definition of course of conduct excludes constitutionally protected activity such as picketing or other organized protests. The current jury instructions also identify situations in which a special instruction may be necessary when protected speech is claimed.
Official Source
Always verify the current version of F.S. § 784.048, the applicable charging theory, and the current Florida Standard Jury Instructions before relying on a classification or charging determination.