Category: Criminal Offenses · Statute: F.S. 784.0411 / 1006.147 · Source: Florida Legislature
Understanding Criminal Bullying / Cyberbullying in Florida
In Florida, while "bullying" itself is largely addressed through school administrative policies under the Jeffrey Johnston Stand Up for All Students Act, severe online harassment crosses into the criminal justice system as cyberstalking. Under Florida Statute Section 784.048, cyberstalking involves engaging in a course of conduct to communicate words, images, or language directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. When this behavior is directed at a child under the age of 16 and involves a credible threat of violence, it is classified as aggravated cyberstalking under Florida Statute Section 784.048(5), which is a third-degree felony.
The distinction between schoolyard bullying and criminal cyberstalking lies in the severity, frequency, and nature of the communication. To meet the criminal threshold, the state must prove a pattern of behavior—known as a "course of conduct"—rather than a single isolated incident. Furthermore, under Florida law, the use of electronic communication to send threatening or highly harassing messages can also trigger charges related to sending written threats to kill or do bodily injury under Florida Statute Section 836.10, which is a second-degree felony. These cases often arise from digital interactions on social media platforms, gaming networks, or group messaging applications.
Bail and Pretrial Release for Cyberstalking Charges
In Florida, individuals arrested for felony aggravated cyberstalking or making written threats of violence are typically held in custody until their first appearance hearing, which must occur within 24 hours of arrest. Because these charges involve allegations of harassment, threats, or stalking, judges routinely impose strict "no-contact" orders as a mandatory condition of pretrial release. This legally bars the defendant from any direct or indirect communication with the alleged victim, including through social media, third parties, or electronic devices, and violating this order results in immediate arrest and revocation of bail.