Cyberstalking and Online Harassment Charges in Pinellas County: What Counts as a Crime

Most people understand that physically threatening someone is illegal. Unfortunately, that doesn’t stop it from happening online. Sending unwanted messages, making threatening posts, or monitoring someone’s social media can all lead to serious criminal charges in Florida, even if the person sending them never intended to cause harm.

Our experienced Clearwater criminal defense attorney provides the professional legal help clients need in these cases. If you face a cyberstalking or online harassment charge in Pinellas County, find out how Florida law applies and what potential defenses exist.

What Florida Law Defines as Cyberstalking and Online Harassment

Section 784.048 of the Florida Statutes broadly covers electronic communication used to harass, threaten, or cause emotional distress to another person. The law defines cyberstalking as engaging in a course of conduct that communicates words, images, or language through electronic means to a specific person, causing substantial emotional distress and serving no legitimate purpose.

The following are common types of cyberstalking charges in Pinellas County and the penalties for each:

• Simple cyberstalking happens when a person willfully, maliciously, and repeatedly communicates with or harasses another through electronic means. It’s a first-degree misdemeanor carrying penalties that include a $1,000 fine and up to a year in jail.
• Aggravated cyberstalking occurs when there’s a credible threat that causes the victim to fear for their own or their family’s safety. It’s a third-degree felony that carries a $5,000 fine and up to five years in prison.
• Aggravated cyberstalking involves minors and also qualifies as a third-degree felony.
• Sexual cyberharassment, commonly known as revenge porn, is a first-degree misdemeanor for a first offense and a third-degree felony for subsequent offenses.

If you’re convicted of cyberstalking in the Pinellas County Criminal Court, it can have consequences beyond the courtroom. A first-degree misdemeanor conviction can appear in background checks and could jeopardize your professional license. A felony conviction is a more serious matter and could affect your right to own or possess a gun, your immigration status, and your ability to secure employment or housing.

Defending Yourself Against Cyberstalking and Online Harassment in Pinellas County

If you are facing a conviction for cyberstalking and online harassment in Pinellas, get professional legal representation. Possible defenses include:

• Lack of a pattern: Isolated messages, even angry ones, may not meet the legal standard.
• Legitimate purpose: Florida law specifically exempts communications that serve a legitimate purpose, such as co-parenting communications or workplace correspondence.
• Lack of willful or malicious intent: You have to have intended to cause distress. Miscommunications or misunderstandings do not apply.

There are also First Amendment considerations. Constitutionally protected activity, including participation in organized protests or matters of public concern, falls outside the statute’s reach.

Request a Consultation With Our Experienced Clearwater Criminal Defense Attorney

At The Reep Law Firm, our Clearwater criminal defense attorney understands the nuances of Florida’s cyberstalking laws and has the experience and legal skill needed to build a strong defense. We represent clients throughout Pinellas County. Contact our office to request a consultation today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html

mypinellasclerk.gov/Home/Criminal-Juvenile