What is aggravated stalking in Florida?

The crime of Aggravated Stalking is a Third Degree Felony in Florida. Which is punishable by up to 5 years in prison and a maximum fine of $5,000.

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This offense occurs when a person:

  1. Willfully,
  2. Maliciously, and
  3. Repeatedly follows, harasses, or cyberstalks another person; and
  4. Made a credible threat to victim.

A “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. § 784.048(1)(c).

Defenses to Aggravated Stalking

Some of the defenses to Aggravated Stalking are:

  • Engaged in First Amendment activities.
  • Contact was for a legitimate purpose.
  • False and exaggerated allegations.
  • The threat did not amount to a credible threat.


Smith v. Melcher: On credible threat.

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of aggravated stalking in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.