Florida Cyberstalking Lawyer

Cyberstalking is a serious crime in Florida. There are both misdemeanor and felony charges; which one you face depends on the specific circumstances surrounding the situation. You may also face federal charges for certain types of cyberstalking crimes. However, no matter what type of cyberstalking charges you face, hiring an experienced cyberstalking lawyer to defend your name is crucial to successfully fighting them.

What Is Cyberstalking?

Cyberstalking can take several forms, including direct threats, internet harassment, and online bullying. Florida Statute §784.048 (1)(d) defines cyberstalking as communicating or causing “to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.” This definition includes various forms of electronic communication, including email, social media posts, texting, and websites.

Examples of cyberstalking include:

• Doxxing: Publishing someone’s personal information, such as a home address, bank information, or phone number, without their consent.
• Location tracking: Using a GPS device or phone to track someone’s location without their consent. This is becoming increasingly common as more cars and trucks offer location services.
• Making online threats: Sending electronic communications (email, social media, etc.) that convey a threat.
• Making unwanted electronic communications: Emailing, messaging, or otherwise using electronic means to contact someone despite a lack of response or a request to stop. Messages may be threatening, harassing, or generate fear, but that is not required. For example, sending repeated social media friend requests to someone who has asked you to stop could be considered harassment.
• Sexual cyberharassment: Also called revenge porn, this occurs when someone publishes explicit photos of another individual without their consent. Florida statutes specifically define sexual cyberharassment and outline penalties for it.

It is crucial to seek the advice and representation of an experienced cyberstalking defense attorney if you have been charged with this crime. The sooner you start developing a defense strategy, the better. If convicted, penalties can include fines and up to five years in prison.

Mike G Law is a no-nonsense firm founded by a former Florida Assistant District Attorney. Mike G works diligently to represent every client in the most effective way possible. During your initial consultation, he will review your case and provide an honest assessment of your options for fighting cyberstalking charges.

What Is Substantial Emotional Distress?

Florida requires cyberstalking to induce substantial emotional distress yet does not specifically define it. However, legal precedent established substantial emotional distress as a level of distress greater than what is experienced in normal, day-to-day living. It is often described as disruptive to individual tranquility and includes feelings of:

• Nervousness
• Uneasiness
• Unhappiness

It is important to note feelings are very subjective. To prove cyberstalking, the action must be of a nature that would typically create a feeling of substantial emotional distress in a reasonable person. That threshold leaves some room to build a defense against stalking claims.

What Are Florida’s Cyberstalking Laws?

Florida statutes detail two classes of cyberstalking laws: misdemeanor stalking and aggravated stalking.

Misdemeanor Cyberstalking

Cyberstalking is a misdemeanor of the first degree in Florida. If found guilty of misdemeanor cyberstalking, you could face up to a year in jail and a $1,000 fine for a first offense. Some examples of what it might look like include:

Online Bullying

Sending threatening or harassing text messages
Sharing another person’s personal information online

Aggravated Cyberstalking

Some stalking situations have extenuating circumstances that elevate them to a more serious charge of aggravated cyberstalking. Examples of such circumstances include:

• The victim has an active restraining order against the accused for domestic, repeat, dating, or sexual violence.
• There is an active court order prohibiting contact between the accuser and the accused.
• The accused has a history of domestic violence or violent behavior.
• The victim is a minor under 16 years old.
• The accused has prior convictions for sexual misconduct or any violation of Florida’s Computer Pornography and Child Exploitation Prevention Act.

Aggravated cyberstalking is a third-degree felony in Florida. It carries a maximum penalty of five years in prison and a $5,000 fine.

Federal Cyberstalking Laws

The ubiquitous nature of electronic communications can remove physical barriers and increase the likelihood of a crime occurring over multiple states or across federal jurisdiction. As a result, you may face federal as well as state charges.

Title 18, U.S. Code 2261A covers federal stalking crimes, including cyberstalking. U.S.C. 2261A began as a part of the 1996 Violence Against Women Act. Legislators have expanded it over the years to include harassment and threats that occur through electronic communications.

Federal prosecutors must show multiple acts that violate this code to effectively argue federal cyberstalking charges. They also must demonstrate that the accused physically crossed state lines to commit the act.

What Are Cyberstalking Penalties in Florida?

Any stalking charges can have serious consequences, and you should treat them accordingly. Penalties for cyberstalking depend on several factors, including:

• The severity of the crime
• The age of the victim
• Extenuating circumstances, such as violating a protection order

Misdemeanor cyberstalking carries a penalty of up to one year in prison and a fine of up to $1,000. Judges may impose a lower penalty.

Aggravated cyberstalking carries a penalty of up to five years and a fine of up to $5,000. Any sentence may be ordered to run consecutively with others handed down for related charges, such as indecent exposure or violating a court order. This can significantly extend the time convicted stalkers spend in prison.

Judges may also impose specific orders based on each case. For example, they may order the accused to avoid contact with the accuser for up to 10 years. Failure to comply will increase the severity of any future charges.