Stalking in Florida

Criminal Defense Attorney in Florida

STALKING IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of Stalking in Florida?

Under Sec. 784.048, Florida Statutes, Stalking in Florida is committed when you willfully, maliciously, and repeatedly follow, harass, or cyberstalk another person.

Moreover, the law specifically defines what harassing and cyberstalking mean:

  • Harassment means engaging in a course of conduct—i.e. a series of acts over a period of time with the same purpose—that is directed at a specific person, causes substantial emotional distress, and serves no legitimate purpose. But engaging in constitutionally protected activity, such as picketing or protesting, does not constitute harassment.
  • Cyberstalking means causing substantial emotional distress and serving no legitimate purpose by either (1) engaging in a course of conduct to electronically communicate words, images, or language directed at or pertaining to another specific person, or (2) accessing or attempting to access another person’s online accounts or Internet-connected home electronic systems without permission.

What are the Penalties for Stalking in Florida?

Stalking is a first-degree misdemeanor in Florida, punishable by up to 1 year of jail or probation, and a $1,000 fine.

Penalty Description
Jail or Probation Up to 1 year
Fine Up to $1,000

How Can I Fight a Charge of Stalking in Florida?

Less than Two Acts of Stalking

The courts have held that stalking requires a course of conduct involving a series of acts. In other words, there must be at least two instances of stalking for an offense to be committed.

Legitimate purpose

Stalking behavior is illegal only if it does not serve any legitimate purpose. The courts have defined legitimate purpose broadly, finding that it includes such conduct as making numerous complaints to government officials about the victim, reporting suspect misconduct to the victim’s employer, and repeatedly contacting the victim to repay a loan the victim owes. Even if such conduct was intended to harass the victim, it cannot support a stalking charge if it also served a legitimate purpose. 

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

  • Moving to throw out evidence that was obtained in violation of your constitutional rights
  • Show that there is no evidence supporting the charge
  • Show that you have an alibi

At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.


1. What is the punishment for Stalking in Florida?

Stalking is a first-degree misdemeanor in Florida, punishable by up to 1 year of jail or probation, and a $1,000 fine.

2. What constitutes Stalking?

Stalking involves a person willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Harassment and cyberstalking have specific definitions under the law.

3. Can I fight a charge of Stalking in Florida?

Yes, there are several defenses available to fight a charge of Stalking in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of Stalking?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.


Are you accused of stalking anyone? It’s possible for a small misunderstanding to be blown out of proportion or a less serious issue to be blown out of proportion. We at Leppard Law  have Florida stalking lawyers who are skilled with representing those who were accused of either stalking or even aggravated stalking. We will review your specific case in a free assessment to figure out precisely how a defense attorney at our firm can assist you. We represent clients across Central Florida. No instance is either too little or large the legal staff at our firm can manage.

Contact Leppard Law Today!

Take advantage of a free consultation with our firm to learn more about your options. Call 407-476-4111 today for more information. Contact us today!

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