8.7(b) AGGRAVATED STALKING (INJUNCTION ENTERED)
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 8.7(b)
- Statute
- § 784.048(4), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Aggravated Stalking, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) knowingly, willfully, maliciously, and repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
Give 2a or 2b or both as applicable.
2. At the time of the [following] [harassing] [or] [cyberstalking],
a. an injunction for protection against [repeat] [sexual] [dating] [domestic] violence had been entered against (defendant) for the benefit of (victim).
b. a court had imposed a prohibition of conduct on (defendant) toward (victim) or (victim’s property).
3. (Defendant) knew that the [injunction] [court-imposed prohibition of conduct] had been entered against [him] [her].
Lesser-included offenses
As the instruction lists them, word for word.
AGGRAVATED STALKING (Injunction Entered) — 784.048(4)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Stalking | 784.048(2) | 8.6 | |
| Attempt | 777.04(1) | 5.1 | |
| Violation of injunction for protection against domestic violence | 741.31(4) | 8.18 | |
| Violation of injunction for protection against repeat, sexual, or dating violence | 784.047 | 8.19 | |
| Violation of injunction for protection against stalking or cyberstalking | 784.0487(4) | 8.24 | |
| Harassment based on Religious or Ethnic Heritage | 784.0493 | 8.32 |
Related practice page
Stalking and Cyberstalking Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.