Category: Criminal Offenses · Statute: F.S. 784.048(1)(d) · Source: Florida Legislature
Understanding Cyberstalking in Florida
In Florida, cyberstalking is a specific form of stalking defined under Florida Statute Section 784.048. It occurs when a person engages in a "course of conduct"—meaning a pattern of behavior over time, rather than a single isolated incident—to direct electronic communications at a specific individual. These communications must serve no legitimate purpose and must cause substantial emotional distress to a reasonable person in the victim's position. Under Florida law, this includes sending emails, text messages, direct messages on social media, or posting images and language online targeting the individual.
The severity of the charge depends on the nature of the communications and the existence of any court orders. Standard cyberstalking is prosecuted as a first-degree misdemeanor, carrying penalties of up to one year in jail. However, the offense escalates to aggravated cyberstalking, a third-degree felony punishable by up to five years in prison, if the perpetrator makes a "credible threat" of death or bodily injury, or if the conduct violates an existing injunction for protection (such as a restraining order against domestic violence or repeat violence).
Cyberstalking and Florida Bail Determinations
Under Florida law, individuals arrested for cyberstalking, particularly domestic violence-related cyberstalking or felony aggravated cyberstalking, are often held in custody without bond until their first appearance hearing. At this hearing, a judge evaluates the safety of the alleged victim and the community. Florida judges frequently impose strict pretrial release conditions on cyberstalking defendants, including mandatory "no-contact" orders that strictly prohibit any electronic communication, social media interaction, or third-party contact with the alleged victim as a condition of remaining out on bail.