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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 307 189-815-97 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. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 307 189-815-97 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 9 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. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 307 189-815-97 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. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 307 189-815-97 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. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 307 189-815-97 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. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6