Cyberstalking Laws in Florida
Tampa Cyberstalking Attorney
Cyberstalking is a serious criminal offense under Florida law. The frequency in which the crime is alleged is growing as quickly as our dependency on the technologies used to commit such an act. The internet provides a feeling of remaining anonymous which can cause someone to say something on-line which they might never say in person.
A criminal charge for cyberstalking can involve communications over the internet, cyberspace, through text messages, or other electronic communications for any of the following acts:
- cyberbullying (or cyber bullying);
- masquerading as the victim on-line;
- annonymously posting private information about another person;
- texting sexually provocative information or pictures (sexting); and
- on-line sexual harassment.
Allegations of cyberstalking have increased radically as certain technologies become more prevelant. Those technologies can include the following:
- text messaging,
- blog postings; and
- postings on social media profiles such as MySpace, Twitter, YouTube or Facebook.
Proving a Criminal Charge of Cyberstalking or Cyberbullying under Florida Law
In many of these cyberstalking cases, proving the true identity of the author of the messages is difficult. Any person willing to engage in such behavior may also be willing to frame another likely suspect. Even a basic understanding of certain technologies can make it possible to frame another person in order for the hide the identity of the person actually committing the crime.
In other cases, communications between ex-lovers that would normally be considered rude or annoying may now result in an arrest and prosecution. Furthermore, former business associates or competitors may also attempt to disclose on-line information about another person or company that involves a "legitimate purpose" instead of harassment.
In certain case, the individual has a right to free speech under the Constitution of the United States that is violated by attempts to prosecute the acts under Florida law for the criminal offense of cyberstalking. Important defenses exist to fight these types of charges.
If you have been accused of cyberstalking, contact an experienced attorney to discuss possible defenses to this serious criminal charge. At the Sammis Law Firm, we represent men and women charged with cyberstalking or aggravated cyberstalking throughtout the Tampa Bay area, including Hillsborough County, Polk County, Pinellas County, Hernando County, Sumter County, Manatee County and Pasco County, FL
Cyberstalking under Florida Law
"Cyberstalk" is a form of a criminal offense called stalking. Cyberstalking is defined under Florida law, Section 784.048, as causing series of communications which include words, pictures, images, or language through the use of any electronic means such as e-mail, the internet, phone text messaging targeted at a specific person, which causes that person "substantial emotional distress" and serves "no legitimate purpose."
Cyberstalking in Florida is a first degree misdemeanor punishable by 12 months in the county jail, and a $1,000.00 fine for each alleged act.
Aggravated Cyberstalking under Florida Law
Florida law defines "Aggravated Cyberstalking" as a credible threat made with the intention of placing the person in reasonable fear of serious bodily injury or death for the person or the person's immediate family member, Aggravated cyberstaling is a third degree felony, punishable by five years in Florida State Prison and a five thousand dollar fine.
A "credible threat" is a threat against the life of the person or a threat to cause bodily injury to the person which is made with the intent to cause the person to reasonably fear for his or her safety.
Aggravated cyberstalking under Florida law can also be alleged if the defendant is subject to an injunction or retraining order protection against domestic violence, repeat violence, sexual violence, or dating violence, or after any "no contact" provision is imposed by the court (such as a bond condition), and maliciously, knowingly and willfully cyberstalks the person subject to the court order of protection.
Cyberstalking is also aggravated if it is directed at a person under the age of 16. Any instance of cyberstalking directed at a child or minor under the age of 16 can therefore be charged as a third degree felony which carries with it a maximum possible punishment of five years in Florida State Prison.
Defenses under Florida Law to the Criminal Offense of Cyberstalking
If you have been charged with cyberstalking or aggravated cyberstalking under Florida law, then contact an experienced Tampa attorney. Talk with an attorney about the best way to defend yourself against an accusation of cyberstalking in Tampa, St. Petersburg, Clearwater, including Hillsborough County, Pinellas County, Hernando County, Sumter County, Manatee County, Pasco County, or Polk County, FL. Call 813-250-0500 to discuss your case with an attorney today.
Related Domestic or Repeat Violence Charges under Florida Law:
Additional Resources on Cyberstalking:
Secure Florida - Cyberstalking - Secure Florida is an awareness and education group developed by the Florida Infrastructure Protection Center (FIPC), and the private sector. Provides legal definitions, cyberstalking stories, cyberstalking statistics, tips on avoiding cyberstalking, and information on what you do if you believe you are being cyber stalked.
Report on Cyberstalking: A new Challenge for Law Enforcement - Discusses an existing problem aggravated by a new technology. The anonymity of the Internet also provides new opportunities for would-be cyberstalkers. The true identity of a cyberstalker can be concealed by using different screen names or ISP addresses. Law enforcement is difficult because individuals can use anonymous remailers which make it nearly impossible to prove the true identity of the author e-mail or other electronic message. Attempts to frame an innocent individual for cyberstalking can also present problems for law enforcement officers for all of the same reasons.