Florida takes a hard stance against online harassment, reflected in its comprehensive cyberstalking statute. This law goes beyond traditional stalking, encompassing a wide range of nonconsensual electronic communications that target or indirectly reference a specific person.

Since 2021, Florida's cyberstalking law has criminalized two main categories of activity:

1. Electronically directed communication — This includes using words, images, or language online to target or reference a specific person. Here, the communication doesn't necessarily need to be directed at the victim directly.

2. Unauthorized access — This includes gaining or attempting to gain access to someone's online accounts or internet-connected home systems without their permission.

For a cyberstalking charge to stick, the communications must cause "substantial emotional distress" to the victim and serve no legitimate purpose. While the law is silent on the exact definition of "substantial emotional distress," courts typically require evidence of a more severe impact than simple unease or nervousness. This distress can manifest in various ways, and the law allows for a broad range of evidence to demonstrate it.

A crucial aspect of the revised law is that it prohibits communications merely "about" a specific person, even if not sent directly to them. For instance, negative comments posted about someone's character anywhere online, not just on their personal page, could constitute cyberstalking.

A first-degree misdemeanor conviction for cyberstalking carries a potential sentence of up to 12 months in jail and a $1,000 fine. However, the situation escalates to a third-degree felony (aggravated cyberstalking) if "credible threats" are made electronically.

The law defines a credible threat as one that places a reasonable person in fear for their safety or the safety of their loved ones, with the perpetrator seemingly capable of causing harm. Aggravated cyberstalking carries a potential penalty of five years in prison and a $5,000 fine.

If you are facing cyberstalking charges based on online communications or postings, an experienced cyberstalking defense attorney can assess your situation and determine if your communications fall within the legal definition of cyberstalking. They will also guide you on building a strong defense strategy. This includes preservation of all evidence related to your online activity, including the communications or postings in question and any responses you may have received.

The Law Offices of Tad A. Yates, P.C. in Orlando represents people charged with violating Florida's cyberstalking law or committing other online crimes. If you have questions or need representation, please call us at 407-608-7777 or contact us online anytime.