Stalking is generally a course conduct directed toward a specific person (or the person’s family, friends, or work associates) that would cause a reasonable person to be in fear of their safety, health, or well-being. Stalking includes (1) spying on a person; (2) waiting at a location to make unwanted contact with the victim, or to monitor the victim; (3) leaving unwanted items and gifts for the victim; and (4) posting or disseminating information or rumors about the victim on the internet, in a public place, or by word of mouth.

Stalkers may also use technology to harass their victim. Common forms of cyberstalking include:

• e-mail spoofing—sending e-mails pretending to be the victim

• text messaging and sexting (sending sexually explicit text messages or photos)

• social media (Facebook, Twitter, Instagram, etc.)—creating social media accounts and posting statements to harass, threaten, or denigrate the victim, or to impersonate the victim on social media

• online impersonation of the victim through a false identity or account to place online sex ads or solicit sex

• use of GPS to track the victim, including placing a GPS device on the victim’s car.

Stalking is a crime under federal law (18 U.S.C. §2261A) and in each of the 50 states, the District of Columbia, the U.S. Territories, and many Indian Tribes. In addition to stalking laws, every state has laws addressing electronic harassment, and federal law also criminalizes the use of technology to stalk (18 U.S.C. §2261A(2)). Legal definitions for stalking and harassment vary from state to state and in the federal system—especially regarding the stalker’s intent and the nature of the victim’s fear or emotional distress caused by the stalking.

In Florida, stalking is defined under Florida Statute 784.048 as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. Stalking behavior includes a pattern of conduct or actions directed at a specific person that causes substantial emotional distress and serves no legitimate purpose. The actions described, such as spying, waiting at locations, leaving unwanted items, and disseminating information to cause distress, all potentially fall under the umbrella of stalking in Florida. Cyberstalking, which encompasses the use of electronic communication to harass or intimidate, is also recognized under this statute. This includes email spoofing, text messaging, social media harassment, online impersonation, and the use of GPS tracking devices. Stalking is a first-degree misdemeanor in Florida, but it can be elevated to a third-degree felony if the offender makes a credible threat with the intent to place the victim in reasonable fear of death or bodily injury. Additionally, aggravated stalking, which involves stalking a minor under 16 or after an injunction for protection, is a third-degree felony. Federal law also criminalizes stalking, including cyberstalking, under 18 U.S.C. §2261A, providing additional avenues for legal recourse.