Aggravated Stalking
Attorney Dennis Gonzalez Jr. | Former Miami-Dade Prosecutor
Aggravated stalking is a serious felony charge in Florida that can result from a wide range of conduct — including situations where the accused believed their actions were harmless or even well-intentioned. Under § 784.048, Florida Statutes, there are multiple ways a person can be charged with aggravated stalking, each carrying significant penalties and life-altering consequences.
Types of Aggravated Stalking Under Florida Law
- Stalking with a Credible Threat (§ 784.048(3)): Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person AND making a credible threat with the intent to place the victim in reasonable fear of death or bodily injury.
- Stalking After an Injunction (§ 784.048(4)): Knowingly, willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person after an injunction for protection (domestic violence under § 741.30, repeat violence, sexual violence, or dating violence under § 784.046, or any other court-imposed prohibition of conduct).
- Stalking a Child Under 16 (§ 784.048(5)): Willfully, maliciously, and repeatedly following, harassing, or cyberstalking a child under 16 years of age.
- Stalking After a Sex Offense Conviction (§ 784.048(7)): Following, harassing, or cyberstalking a victim after being sentenced for sexual battery (§ 794.011), lewd or lascivious offenses (§ 800.04), or prohibited computer transmissions (§ 847.0135(5)) and being prohibited from contacting the victim under § 921.244.
Key Definitions
"Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress and serves no legitimate purpose. A "course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose — but does not include constitutionally protected activity such as picketing or organized protests. "Cyberstalking" means engaging in a course of electronic communication directed at a specific person, causing substantial emotional distress and serving no legitimate purpose. A "credible threat" is a verbal or nonverbal threat that places the intended victim in reasonable fear for their safety or the safety of their family, made with the apparent ability to carry out the threat.
Stalking vs. Aggravated Stalking
Simple stalking under § 784.048(2) is a first-degree misdemeanor punishable by up to one year in jail. Aggravated stalking elevates the charge to a third-degree felony based on aggravating factors: the addition of a credible threat, a violation of a court order, the victim being a minor, or a prior sex offense conviction. The felony classification carries dramatically higher penalties and permanent consequences.
The Role of Technology
Modern aggravated stalking cases increasingly involve digital conduct — text messages, social media posts, emails, GPS tracking, and other electronic communications. Florida law specifically addresses cyberstalking within the stalking statute, and courts have applied these provisions broadly to cover new forms of electronic harassment.
Defense Strategies
Constitutionally Protected Activity
The statute explicitly excludes constitutionally protected activity such as picketing or organized protests. First Amendment protections may apply to certain communications or conduct that the prosecution characterizes as stalking.
No Course of Conduct
Florida courts have held that harassment must consist of repeated actions separated by time or distance. A single incident, no matter how alarming, does not constitute stalking. The State must prove a pattern of conduct evidencing continuity of purpose.
Legitimate Purpose
If the defendant's actions served a legitimate purpose — such as attempting to collect a debt, exercising parental rights, or conducting lawful business — this can negate the harassment element of the charge.
No Credible Threat
For charges under § 784.048(3), the State must prove a credible threat — a threat made with the apparent ability to carry it out. Vague statements, hyperbole, or expressions of frustration may not meet this standard.
Lack of Knowledge of Injunction
For charges under § 784.048(4), the defendant must have known that the injunction or court order existed. If the defendant was never properly served or notified, this is a valid defense.
Collateral Consequences
- A felony conviction creates a permanent criminal record that cannot be sealed or expunged.
- The court may issue a restraining order prohibiting contact with the alleged victim for up to 10 years — violation of which constitutes a separate criminal offense.
- For non-citizens, a stalking conviction may be classified as a crime involving moral turpitude, triggering deportation proceedings.
- A stalking conviction can severely impact custody proceedings, employment opportunities, and professional licensing.
- Sentences for aggravated stalking under § 784.048(7) must run consecutive to any prior sentence for the underlying sex offense.
Why Choose Attorney Dennis Gonzalez Jr.?
Former Miami-Dade Prosecutor
Attorney Gonzalez served as a prosecutor in Miami-Dade County, giving him intimate knowledge of how the prosecution builds its cases — and how to dismantle them.
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