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
    32-812-07




 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
    32-812-07




 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.

25  

26            *****************************************

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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