CODING: Words stricken are deletions; words underlined are additions.House Bill 0307c1
Florida House of Representatives - 1997 CS/HB 307
By the Committee on Crime & Punishment and Representatives
Villalobos, Ball, Feeney, Fasano, Crist, Byrd, Heyman,
Saunders and Culp
1 A bill to be entitled
2 An act relating to stalking; creating the
3 "Jennifer Act"; amending s. 784.048, F.S.;
4 defining the offense of aggravated stalking of
5 a minor under age 16; providing penalties;
6 amending s. 921.0012, F.S.; providing for
7 classification of such offense within the
8 offense severity ranking chart; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. This act may be cited as the "Jennifer
14 Act."
15 Section 2. Section 784.048, Florida Statutes, is
16 amended to read:
17 784.048 Stalking; definitions; penalties.--
18 (1) As used in this section, the term:
19 (a) "Harass" "Harasses" means to engage in a course of
20 conduct directed at a specific person that causes substantial
21 emotional distress in such person and serves no legitimate
22 purpose.
23 (b) "Course of conduct" means a pattern of conduct
24 composed of a series of acts over a period of time, however
25 short, evidencing a continuity of purpose. Constitutionally
26 protected activity is not included within the meaning of
27 "course of conduct." Such constitutionally protected activity
28 includes picketing or other organized protests.
29 (c) "Credible threat" means a threat made with the
30 intent to cause the person who is the target of the threat to
31 reasonably fear for his or her safety. The threat must be
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Florida House of Representatives - 1997 CS/HB 307
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1 against the life of, or a threat to cause bodily injury to, a
2 person.
3 (2) Any person who willfully, maliciously, and
4 repeatedly follows or harasses another person commits the
5 offense of stalking, a misdemeanor of the first degree,
6 punishable as provided in s. 775.082 or s. 775.083.
7 (3) Any person who willfully, maliciously, and
8 repeatedly follows or harasses another person, and makes a
9 credible threat with the intent to place that person in
10 reasonable fear of death or bodily injury, commits the offense
11 of aggravated stalking, a felony of the third degree,
12 punishable as provided in s. 775.082, s. 775.083, or s.
13 775.084.
14 (4) Any person who, after an injunction for protection
15 against repeat violence pursuant to s. 784.046, or an
16 injunction for protection against domestic violence pursuant
17 to s. 741.30, or after any other court-imposed prohibition of
18 conduct toward the subject person or that person's property,
19 knowingly, willfully, maliciously, and repeatedly follows or
20 harasses another person commits the offense of aggravated
21 stalking, a felony of the third degree, punishable as provided
22 in s. 775.082, s. 775.083, or s. 775.084.
23 (5) Any person who willfully, maliciously, and
24 repeatedly follows or harasses a minor under 16 years of age
25 commits the offense of aggravated stalking, a felony of the
26 third degree, punishable as provided in s. 775.082, s.
27 775.083, or s. 775.084.
28 (6)(5) Any law enforcement officer may arrest, without
29 a warrant, any person he or she has probable cause to believe
30 has violated the provisions of this section.
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Florida House of Representatives - 1997 CS/HB 307
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1 Section 3. Paragraph (f) of subsection (3) of section
2 921.0012, Florida Statutes, 1996 Supplement, is amended to
3 read:
4 921.0012 Sentencing guidelines offense levels; offense
5 severity ranking chart.--
6 (3) OFFENSE SEVERITY RANKING CHART
7 Florida Felony
8 Statute Degree Description
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10 (f) LEVEL 6
11 316.027(1)(b) 2nd Accident involving death, failure
12 to stop; leaving scene.
13 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
14 conviction.
15 775.0875(1) 3rd Taking firearm from law
16 enforcement officer.
17 784.021(1)(a) 3rd Aggravated assault; deadly weapon
18 without intent to kill.
19 784.021(1)(b) 3rd Aggravated assault; intent to
20 commit felony.
21 784.048(3) 3rd Aggravated stalking; credible
22 threat.
23 784.048(5) 3rd Aggravated stalking of person
24 under 16.
25 784.07(2)(c) 2nd Aggravated assault on law
26 enforcement officer.
27 784.08(2)(b) 2nd Aggravated assault on a person 65
28 years of age or older.
29 784.081(2) 2nd Aggravated assault on specified
30 official or employee.
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1 784.082(2) 2nd Aggravated assault by detained
2 person on visitor or other
3 detainee.
4 787.02(2) 3rd False imprisonment; restraining
5 with purpose other than those in
6 s. 787.01.
7 790.115(2)(d) 2nd Discharging firearm or weapon on
8 school property.
9 790.161(2) 2nd Make, possess, or throw
10 destructive device with intent to
11 do bodily harm or damage
12 property.
13 790.164(1) 2nd False report of deadly explosive
14 or act of arson or violence to
15 state property.
16 790.19 2nd Shooting or throwing deadly
17 missiles into dwellings, vessels,
18 or vehicles.
19 794.011(8)(a) 3rd Solicitation of minor to
20 participate in sexual activity by
21 custodial adult.
22 794.05(1) 2nd Unlawful sexual activity with
23 specified minor.
24 806.031(2) 2nd Arson resulting in great bodily
25 harm to firefighter or any other
26 person.
27 810.02(3)(c) 2nd Burglary of occupied structure;
28 unarmed; no assault or battery.
29 812.014(2)(b) 2nd Property stolen $20,000 or more,
30 but less than $100,000, grand
31 theft in 2nd degree.
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1 812.13(2)(c) 2nd Robbery, no firearm or other
2 weapon (strong-arm robbery).
3 817.034(4)(a)1. 1st Communications fraud, value
4 greater than $50,000.
5 817.4821(5) 2nd Possess cloning paraphernalia
6 with intent to create cloned
7 cellular telephones.
8 825.102(1) 3rd Abuse of an elderly person or
9 disabled adult.
10 825.102(3)(c) 3rd Neglect of an elderly person or
11 disabled adult.
12 825.1025(3) 3rd Lewd or lascivious molestation of
13 an elderly person or disabled
14 adult.
15 825.103(2)(c) 3rd Exploiting an elderly person or
16 disabled adult and property is
17 valued at $100 or more, but less
18 than $20,000.
19 827.03(1) 3rd Abuse of a child.
20 827.03(3)(c) 3rd Neglect of a child.
21 827.071(2)&(3) 2nd Use or induce a child in a sexual
22 performance, or promote or direct
23 such performance.
24 836.05 2nd Threats; extortion.
25 836.10 2nd Written threats to kill or do
26 bodily injury.
27 843.12 3rd Aids or assists person to escape.
28 914.23 2nd Retaliation against a witness,
29 victim, or informant, with bodily
30 injury.
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1 944.35(3)(a)2. 3rd Committing malicious battery upon
2 or inflicting cruel or inhuman
3 treatment on an inmate or
4 offender on community
5 supervision, resulting in great
6 bodily harm.
7 944.40 2nd Escapes.
8 944.46 3rd Harboring, concealing, aiding
9 escaped prisoners.
10 944.47(1)(a)5. 2nd Introduction of contraband
11 (firearm, weapon, or explosive)
12 into correctional facility.
13 951.22(1) 3rd Intoxicating drug, firearm, or
14 weapon introduced into county
15 facility.
16 Section 4. This act shall take effect October 1, 1997.
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