Stalking
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.
Florida Statute
§ 784.048
Stalking; definitions; penalties
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.
Aggravated Stalking — Injunction or Court Order
F.S. § 784.048(4)
Knowingly, willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person after a qualifying injunction or another court-imposed prohibition regarding that person or the person's property.
Aggravated Stalking — Victim Under 16
F.S. § 784.048(5)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking a child under 16 years of age.
Aggravated Stalking — Prohibited Contact After Specified Sex Offense
F.S. § 784.048(7)-(8)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking the victim after a sentence for a specified offense included a statutory no-contact prohibition. The new sentence must run consecutively to the former specified-offense sentence.
Aggravated Stalking — Weapon or Firearm Reclassification
F.S. § 775.087
When the statutory conditions of the general weapon or firearm reclassification apply to an aggravated-stalking felony and weapon or firearm use is not an essential element of the charged felony, the felony is reclassified. Qualifying actual firearm possession, discharge, or discharge causing death or great bodily harm may also carry statutory minimum sentences.
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).
Aggravated Stalking - Injunction or Court Order
Florida Statute § 784.048(4)
Aggravated Stalking - Injunction or Court Order
Florida Statute § 784.048(4)
Stalking after a qualifying injunction for protection or other court-imposed prohibition of conduct toward the person or the person's property.
What to Establish
The common stalking conduct plus the qualifying injunction or court order and the required knowledge.
Important Charge Note
Third-degree felony under F.S. 784.048(4).
Aggravated Stalking - Victim Under 16
Florida Statute § 784.048(5)
Aggravated Stalking - Victim Under 16
Florida Statute § 784.048(5)
Willfully, maliciously, and repeatedly following, harassing, or cyberstalking a child under 16 years of age.
What to Establish
The common stalking conduct plus proof that the victim was under 16 at the time of the conduct.
Important Charge Note
Third-degree felony under F.S. 784.048(5).
Aggravated Stalking - Prohibited Contact After Specified Sex Offense
Florida Statute § 784.048(7)
Aggravated Stalking - Prohibited Contact After Specified Sex Offense
Florida Statute § 784.048(7)
Stalking the victim after a sentence for a specified sex offense that included a prohibition on contacting that victim.
What to Establish
The statutory prior sentence and no-contact order plus the required repeated stalking conduct.
Important Charge Note
Third-degree felony under F.S. 784.048(7); the sentence must run consecutively to the former sentence as provided by F.S. 784.048(8).
Elements of the Offense
Elements of the Offense
- Element 1
The defendant acted willfully, maliciously, and repeatedly.
Plain language: The conduct must be intentional, wrongful, and repeated rather than accidental or isolated.
- Element 2
The defendant followed, harassed, or cyberstalked another person.
Plain language: The prohibited conduct may be following, harassment, or cyberstalking directed toward the other person.
Jury Instructions
Jury Instructions
Instruction 8.6
Stalking
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.6. Verify the current official instruction and the selected following, harassment, or cyberstalking theory before legal use.
View Official InstructionInstruction 8.7(a)
Aggravated Stalking - Credible Threat
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.7(a), for the credible-threat theory under F.S. 784.048(3).
View Official InstructionInstruction 8.7(b)
Aggravated Stalking - Injunction Entered
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.7(b), for the injunction or court-imposed prohibition theory under F.S. 784.048(4).
View Official InstructionInstruction 8.7(c)
Aggravated Stalking - Victim Under 16
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.7(c), for the under-16 victim theory under F.S. 784.048(5).
View Official InstructionInstruction 8.7(d)
Aggravated Stalking - Prohibited Contact After Specified Sex Offense
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.7(d), for the post-sentence no-contact theory under F.S. 784.048(7).
View Official InstructionImportant 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.