Senate Bill sb2244
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Florida Senate - 2007 SB 2244
By Senator Ring
32-812-07
1 A bill to be entitled
2 An act relating to stalking; amending s.
3 784.048, F.S.; redefining the terms "harass,"
4 "credible threat," and "cyberstalk"; defining
5 the terms "electronic communication,"
6 "electronic communication device," and
7 "immediate family"; providing that a person who
8 willfully, maliciously, and repeatedly follows,
9 harasses, or cyberstalks a person 65 years of
10 age or older commits the offense of aggravated
11 stalking, a felony of the second degree;
12 providing criminal penalties; providing for
13 reclassification of criminal penalties for
14 certain offenses; providing for a civil cause
15 of action and remedies; providing that the
16 civil remedies are in addition to any other
17 civil, administrative, or criminal remedies
18 provided by law; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 784.048, Florida Statutes, is
23 amended to read:
24 784.048 Stalking; definitions; penalties.--
25 (1) As used in this section, the term:
26 (a) "Harass" means to engage in a course of conduct,
27 or to cause or encourage another to engage in a course of
28 conduct, directed at a specific person which that causes
29 substantial emotional distress in such person and serves no
30 legitimate purpose.
31
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Florida Senate - 2007 SB 2244
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1 (b) "Course of conduct" means a pattern of conduct
2 composed of a series of acts over a period of time, however
3 short, evidencing a continuity of purpose. Constitutionally
4 protected activity is not included within the meaning of
5 "course of conduct." Such constitutionally protected activity
6 includes picketing or other organized protests.
7 (c) "Credible threat" means any a threat, including a
8 threat delivered by means of an electronic communication
9 device, made with the intent to cause the person who is the
10 target of the threat to reasonably fear bodily injury or death
11 to himself or herself or to a member of his or her immediate
12 family for his or her safety. The threat must be against the
13 life of, or a threat to cause bodily injury to, a person.
14 (d) "Cyberstalk" means to engage in a course of
15 conduct, or to cause or encourage another to engage in a
16 course of conduct, to communicate, or to cause to be
17 communicated, words, images, or language by or through the use
18 of electronic mail or electronic communication, directed at a
19 specific person, causing substantial emotional distress to
20 that person and serving no legitimate purpose.
21 (e) "Electronic communication" means any transfer of
22 signs, signals, writing, images, sounds, data, or intelligence
23 of any nature transmitted in whole or in part by a wire,
24 radio, electromagnetic, photoelectronic or photooptical system
25 that affects interstate or foreign commerce.
26 (f) "Electronic communication device" means any type
27 of instrument, device, machine, equipment, or software that is
28 capable of transmitting, acquiring, encrypting, transferring,
29 decrypting, or receiving any signs, signals, writings, data,
30 images, sounds, or intelligence of any nature by wire, radio,
31 optical, or other electromagnetic system. The term includes,
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Florida Senate - 2007 SB 2244
32-812-07
1 but is not limited to, telephones, cellular phones, computers,
2 video recorders, fax machines, or pagers.
3 (g) "Immediate family" means spouses, former spouses,
4 persons related by blood or marriage, persons who are
5 presently residing together as if a family or who have resided
6 together in the past as if a family, and persons who are
7 parents of a child in common regardless of whether they have
8 been married. With the exception of persons who have a child
9 in common, the immediate family members must be currently
10 residing or have within the previous 6 months resided together
11 in the same single dwelling unit.
12 (2) Any person who willfully, maliciously, and
13 repeatedly follows, harasses, or cyberstalks another person
14 commits the offense of stalking, a misdemeanor of the first
15 degree, punishable as provided in s. 775.082 or s. 775.083.
16 (3) Any person who willfully, maliciously, and
17 repeatedly follows, harasses, or cyberstalks another person,
18 and purposefully engages in a course of conduct involving
19 makes a credible threat with the intent to place that person
20 in reasonable fear of death or bodily injury of the person, or
21 the person's immediate family child, sibling, spouse, parent,
22 or dependent, commits the offense of aggravated stalking, a
23 felony of the third degree, punishable as provided in s.
24 775.082, s. 775.083, or s. 775.084.
25 (4) Any person who, after an injunction for protection
26 against repeat violence, sexual violence, or dating violence
27 pursuant to s. 784.046, or an injunction for protection
28 against domestic violence pursuant to s. 741.30, or after any
29 other court-imposed prohibition of conduct toward the subject
30 person or that person's property, knowingly, willfully,
31 maliciously, and repeatedly follows, harasses, or cyberstalks
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Florida Senate - 2007 SB 2244
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1 another person commits the offense of aggravated stalking, a
2 felony of the third degree, punishable as provided in s.
3 775.082, s. 775.083, or s. 775.084.
4 (5) Any person who willfully, maliciously, and
5 repeatedly follows, harasses, or cyberstalks a minor under 16
6 years of age commits the offense of aggravated stalking, a
7 felony of the third degree, punishable as provided in s.
8 775.082, s. 775.083, or s. 775.084.
9 (6) Any law enforcement officer may arrest, without a
10 warrant, any person he or she has probable cause to believe
11 has violated the provisions of this section.
12 (7) Any person who, after having been sentenced for a
13 violation of s. 794.011 or s. 800.04, and prohibited from
14 contacting the victim of the offense under s. 921.244,
15 willfully, maliciously, and repeatedly follows, harasses, or
16 cyberstalks the victim commits the offense of aggravated
17 stalking, a felony of the third degree, punishable as provided
18 in s. 775.082, s. 775.083, or s. 775.084.
19 (8) Any person who willfully, maliciously, and
20 repeatedly follows, harasses, or cyberstalks a person 65 years
21 of age or older, regardless of whether he or she knows or has
22 reason to know the age of the victim, commits the offense of
23 aggravated stalking, a felony of the second degree, punishable
24 as provided in s. 775.082, s. 775.083, or s. 775.084.
25 (9) If a person is charged with violating any
26 provision of this section and conceals his or her
27 identification from the person who is the victim of the
28 violation, uses the electronic bandwidth of another person
29 while violating this section, or destroys evidence of a
30 person's violation of this section, the offense for which the
31 person is charged shall be reclassified as follows:
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Florida Senate - 2007 SB 2244
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1 (a) In the case of aggravated stalking of a person 65
2 years of age or older, from a felony of the second degree to a
3 felony of the first degree.
4 (b) In the case of aggravated stalking of a minor
5 younger than 16 years of age, from a felony of the third
6 degree to a felony of the second degree.
7 (c) In the case of aggravated stalking, from a felony
8 of the third degree to a felony of the second degree.
9 (d) In the case of stalking, from a misdemeanor of the
10 first degree to a felony of the third degree.
11 (10)(8) The punishment imposed under this section
12 shall run consecutive to any former sentence imposed for a
13 conviction for any offense under s. 794.011 or s. 800.04.
14 (11)(a) Notwithstanding any other remedy or relief to
15 which a person is entitled, a person suffering damage as a
16 result of a violation of this section may bring an action to
17 recover or obtain actual, punitive, and treble damages,
18 equitable relief, reasonable attorney's fees, investigative
19 costs, court costs, witness costs, deposition expenses, and
20 any other relief a court considers proper.
21 (b) The remedies of this subsection are in addition to
22 any other civil, administrative, or criminal remedies provided
23 by law.
24 Section 2. This act shall take effect July 1, 2007.
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27 SENATE SUMMARY
28 Redefines certain existing terms and defines new terms
related to stalking. Provides that a person who
29 willfully, maliciously, and repeatedly follows, harasses,
or cyberstalks a person 65 years of age or older commits
30 the offense of aggravated stalking, a felony of the
second degree. Provides criminal penalties. Reclassifies
31 certain criminal offenses. Provides for a civil cause of
action and remedies.
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CODING: Words stricken are deletions; words underlined are additions.