What are the elements of Stalking in Florida - Misdemeanor and Felony
First Degree Misdemeanor
(1) Defendant willfully, maliciously, and repeatedly followed, harassed or cyberstalked the victim;
Third Degree Felony
(1) same as misdemeanor; and
(2) Defendant made a credible threat with the intent to place the victim (or victim's relative) in reasonable fear of death or bodily injury.
"Cyberstalk" - probably the most misunderstood part of Stalking. Cyberstalking is officially defined as to engage in a course of conduct to communicate, or cause 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.
"Credible Threat" - means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause a bodily injury to, a person.
The constitutional challenges with respect to the 1st amendment so far have been adjudicated in Florida carving out traditional political and other organized speech like picketing and protests in Bouters v. State, 659 So.2d 235 (Fla. 1995)
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