Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Stalkers Beware: Florida’s Laws On Stalking

Stalking is a very serious offense under Florida law, as well it should be. From a victim’s perspective, stalking is one of the more scary crimes that can be committed against them. Stalking not only involves an invasion of privacy, but it also incites a great deal of fear in the victim, and more often than not results in grave harm or danger to the victim. Because of this, stalking is a criminal offense in all 50 states; however, in Florida, stalking can be charged as a misdemeanor as well, which will be explained in more detail later on. No matter the degree of stalking committed, however, the perpetrator can expect to spend up to at least one full year in jail for the crime.

What is Considered “Stalking”?

Stalking is generally considered to be a pattern of following, watching, or monitoring another person with the sole intent to harass, frighten, intimidate, threaten, or cause emotional duress. The act of stalking is varied in nature, and can include the following:

  • Following someone, both on a one-time and on a routine basis;
  • Driving past or randomly showing up at someone’s residence, place of work, or school;
  • Monitoring a person’s computer, cell phone, or social networking activity (otherwise known as cyberstalking);
  • Monitoring a person’s whereabouts via a secretly implanted GPS device on their vehicle or person;
  • Sending unwanted letters, gifts, or emails;
  • Creating unwanted contact via phone calls and text messages;
  • Secretly videotaping or photographing someone;
  • Gathering information about a person without their permission via public records, internet searches, private investigators, or by contacting the person’s friends, family members, and acquaintances;
  • Threatening to harm the victim’s friends, family members, or pets, or even the victim themselves; and
  • Performing damage to the person’s home, vehicle, or other property.

When is Stalking Considered a Misdemeanor, and when is It Considered a Felony?

Under Florida law, a person who repeatedly, willfully, and maliciously follows or harasses another person is guilty of a misdemeanor of the first degree, punishable by up to one year in prison and a $1,000 fine. However, should the stalker repeatedly, willfully, and maliciously follow or harass another individual, and make a credible threat towards that person with the intent to cause fear of death or bodily harm, the offender will be charged with a third degree felony, punishable by up to five years in prison, and a $5,000 fine, or no less than five years, and no more than 10 for a habitual felony offender.

Contact an Orlando Domestic Violence Lawyer

At The Baez Law Firm, our Orlando domestic violence lawyers have a thorough understanding of Florida stalking laws, and have used that knowledge to our advantage to help clients fight the charges brought against them. If you have been charged with stalking in Orlando, contact our criminal defense firm right away. Call our team at 800-588-BAEZ to schedule your free consultation today.


By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Skip footer and go back to main navigation