Fla. Stat. § 784.048

Stalking & Cyberstalking

Repeated unwanted contact — in person or online — can be a crime in Florida. Here is where harassment becomes stalking, and when it becomes a felony.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

What the Statute Requires

Under § 784.048, stalking is willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. "Harassing" means a course of conduct causing substantial emotional distress that serves no legitimate purpose. "Cyberstalking" extends this to electronic communications — texts, emails, social media.

The Governing Statute
Fla. Stat. § 784.048 — Stalking
"A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree."
Read the full statute on Online Sunshine →

Simple stalking is a first-degree misdemeanor. It becomes aggravated stalking (a third-degree felony) when it involves a credible threat, violates an injunction, or targets a child under 16.

The Actual Penalties

Stalking — Statutory Penalties
Stalking / cyberstalking (first-degree misdemeanor): up to 1 year in jail, up to $1,000 fine.

Aggravated stalking (third-degree felony): up to 5 years in prison, up to $5,000 fine — for credible threats, injunction violations, or child victims.

What a Defense Attorney Looks For

  • Legitimate purpose. Conduct that serves a legitimate purpose is not stalking — a key defense.
  • "Course of conduct." Whether the contact was truly repeated and directed.
  • Credible threat. Whether a real threat existed — the line to the felony.
  • First Amendment and free-speech considerations in some cases.

Frequently Asked Questions

Is cyberstalking a crime in Florida?
Yes. Cyberstalking is included in Florida’s stalking statute (§ 784.048). Repeated electronic harassment causing substantial emotional distress with no legitimate purpose is a first-degree misdemeanor, and a third-degree felony if aggravated.
When does stalking become a felony in Florida?
Stalking becomes aggravated stalking — a third-degree felony — when it involves a credible threat, violates a protective injunction, or targets a child under 16. Otherwise it is a first-degree misdemeanor.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 784.048 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.