Cyberintimidation and Harassment with Personal Information in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Cyberintimidation by publication (s. 836.115; Fla. Std. Jury Instr. (Crim.) 8.29, Elements):

1. You electronically published the person's personal identification information.
2. You did it with the intent, or with the intent that a third party would use the information, to incite violence or commit a crime against the person, or to threaten or harass the person, placing the person in reasonable fear of bodily harm.

"Electronically publish" means to disseminate, post, or otherwise disclose information to an internet site or forum.

Harassment by use of personal identification information (s. 817.568(4); Instr. 20.14, Elements):

1. You willfully and without authorization possessed, used, or attempted to use personal identification information about the person.
2. You did so without first getting the person's consent.
3. You did so for the purpose of harassing the person.

Key definitions:

• Personal identification information is broad: any name or number that can identify a specific person, including a name, address, email, phone number, date of birth, Social Security, license, passport, or account numbers, biometric data, medical records, and more.
• Harass means conduct directed at a specific person that is intended to cause substantial emotional distress and serves no legitimate purpose. The definition does not include constitutionally protected conduct such as organized protests, or using personal information for accepted commercial purposes.

Penalties

• Cyberintimidation by publication: first-degree misdemeanor (up to 1 year and a $1,000 fine).
• Harassment by use of personal identification information: first-degree misdemeanor, but it is reclassified to a third-degree felony (up to 5 years) if the crime was facilitated or furthered by use of a public record, or if, to get or use the information, the person pretended to be a police officer or a bank, credit card, credit counseling, or credit reporting representative, or falsely claimed to be helping the victim with a credit problem.

Common Situations

• Posting someone's address or phone number during an online feud.
• Using someone's information to create accounts, orders, or messages in their name.

Defense Themes

• Intent. Cyberintimidation requires the intent to incite violence or a crime, or to threaten or harass in a way that places the person in reasonable fear of bodily harm. Sharing information for another reason is not the same.
• Reasonable fear of bodily harm. For the threaten-or-harass branch of s. 836.115, the State must prove that fear, and that it was reasonable.
• Protected activity. The definition of "harass" excludes constitutionally protected conduct, such as organized protests. Political and public-interest speech gets strong First Amendment protection.
• Authorization and consent. For s. 817.568(4), the State must prove you acted without authorization and without consent.
• Who posted it? Shared devices and anonymous accounts raise real identity questions.

What to Do First

1. Do not delete the post or account, and do not post more about the person.
2. Do not contact the person. That can lead to a stalking or cyberstalking charge.
3. Call us before talking to police.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is it a crime to post information that's already public?

The statute does not exempt information that is already public. What makes it a crime is the intent and, for the threaten-or-harass branch, the reasonable fear of bodily harm. Separately, if a public record facilitated or furthered a s. 817.568(4) offense, it becomes a felony.

Is criticizing someone online cyberintimidation?

Not by itself. The law requires publishing personal identification information with the specific intent it describes.

How is this different from identity theft?

Identity theft usually involves using someone's information for a fraudulent purpose. See Identity Theft. These laws focus on harassment and intimidation.