Senate Bill sb0960

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    Florida Senate - 2001                                   SB 960

    By Senator Geller





    29-742-01

  1                      A bill to be entitled

  2         An act relating to the offense of stalking;

  3         amending s. 784.048, F.S.; defining the term

  4         "cyberstalk" to mean communication by means of

  5         electronic mail or electronic communication

  6         which causes substantial emotional distress and

  7         does not serve a legitimate purpose; including

  8         within the offenses of stalking and aggravated

  9         stalking the willful, malicious, and repeated

10         cyberstalking of another person; providing

11         penalties; revising the elements of the offense

12         of aggravated stalking to include placing a

13         person in fear of death or bodily injury of the

14         person or the person's child, sibling, spouse,

15         or dependent; providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Section 784.048, Florida Statutes, is

20  amended to read:

21         784.048  Stalking; definitions; penalties.--

22         (1)  As used in this section, the term:

23         (a)  "Harass" means to engage in a course of conduct

24  directed at a specific person that causes substantial

25  emotional distress in such person and serves no legitimate

26  purpose.

27         (b)  "Course of conduct" means a pattern of conduct

28  composed of a series of acts over a period of time, however

29  short, evidencing a continuity of purpose. Constitutionally

30  protected activity is not included within the meaning of

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    Florida Senate - 2001                                   SB 960
    29-742-01




  1  "course of conduct." Such constitutionally protected activity

  2  includes picketing or other organized protests.

  3         (c)  "Credible threat" means a threat made with the

  4  intent to cause the person who is the target of the threat to

  5  reasonably fear for his or her safety.  The threat must be

  6  against the life of, or a threat to cause bodily injury to, a

  7  person.

  8         (d)  "Cyberstalk" means to communicate words, images,

  9  or language by or through the use of electronic mail or

10  electronic communication, which communication is directed at a

11  specific person, causes substantial emotional distress in such

12  person, and does not serve a legitimate purpose.

13         (2)  Any person who willfully, maliciously, and

14  repeatedly follows, or harasses, or cyberstalks another person

15  commits the offense of stalking, a misdemeanor of the first

16  degree, punishable as provided in s. 775.082 or s. 775.083.

17         (3)  Any person who willfully, maliciously, and

18  repeatedly follows, or harasses, or cyberstalks another

19  person, and makes a credible threat with the intent to place

20  that person in reasonable fear of death or bodily injury of

21  the person or the person's child, sibling, spouse, or

22  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 pursuant to s. 784.046, or an

27  injunction for protection against domestic violence pursuant

28  to s. 741.30, or after any other court-imposed prohibition of

29  conduct toward the subject person or that person's property,

30  knowingly, willfully, maliciously, and repeatedly follows, or

31  harasses, or cyberstalks another person commits the offense of

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    Florida Senate - 2001                                   SB 960
    29-742-01




  1  aggravated stalking, a felony of the third degree, punishable

  2  as provided in s. 775.082, s. 775.083, or s. 775.084.

  3         (5)  Any person who willfully, maliciously, and

  4  repeatedly follows, or harasses, or cyberstalks a minor under

  5  16 years of age commits the offense of aggravated stalking, a

  6  felony of the third degree, punishable as provided in s.

  7  775.082, s. 775.083, or s. 775.084.

  8         (6)  Any law enforcement officer may arrest, without a

  9  warrant, any person he or she has probable cause to believe

10  has violated the provisions of this section.

11         Section 2.  This act shall take effect October 1, 2001.

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14                          SENATE SUMMARY

15    Revises the elements of the offense of stalking and
      aggravated stalking to include the act of cyberstalking.
16    Defines the term "cyberstalk" to mean electronic
      communication that is directed at a specific person,
17    causes substantial emotional distress, and does not serve
      a legitimate purpose. Provides that the offense of
18    aggravated stalking includes placing a person in fear of
      death or bodily injury of the person or the person's
19    child, sibling, spouse, or dependent. (See bill for
      details.)
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