Stalking & Cyberstalking Defense in Lake County

Understanding Stalking vs. cyberstalking

Florida law defines stalking as a “course of conduct”—a pattern of behavior that serves no legitimate purpose and causes substantial emotional distress.

1. Stalking (First-Degree Misdemeanor)

• Willfully, maliciously, and repeatedly following or harassing another person.

Penalties for Stalking: Up to 12 months in jail and $1,000 in fines.

2. Cyberstalking (First-Degree Misdemeanor)

Cyberstalking now explicitly includes:

• Electronic Communication: Sending words, images, or language through email or social media directed at (or even pertaining to) a specific person.
• Unauthorized Digital Access: Attempting to access a person’s online accounts or Internet-connected home electronic systems (Smart Home devices) without permission.
• Unlawful Tracking: Using AirTags or GPS apps to monitor a person’s movement minute-by-minute.

Penalties for Cyberstalking: Up to 12 months in jail and $1,000 in fines. 

When Does Stalking Become a Felony

Under F.S. § 784.048(3), stalking is reclassified as Aggravated Stalking, a Third-Degree Felony, if any of the following “aggravating factors” are present:

• Credible Threat: Making a threat that places the victim in reasonable fear for their safety.
• Violation of an Injunction: Stalking someone after they have already obtained a restraining order or “Injunction for Protection.”
• Victim Under 16: Stalking or cyberstalking a minor is an automatic felony.

Defending Against Digital Allegations

As a former prosecutor, Attorney Christopher J. Lewis understands that stalking cases are often built on a “one-sided” narrative. Potential ways to fight back include:

• Challenging “Legitimate Purpose”: If the contact was related to child custody, business, or legal disputes, it does not meet the statutory definition of stalking.
• First Amendment Protection: Distinguishing between criminal harassment and constitutionally protected free speech or organized protest.
• Forensic Authentication: Just because a message came from “your” account doesn’t mean you sent it.
• Lack of “Substantial Distress”: Proving that the alleged victim’s reaction does not meet the high legal threshold of “substantial emotional distress” required for a conviction.