Words, Messages, and a Course of Conduct
Some of the fastest-growing violent-crime charges in Florida do not involve any physical contact at all. Stalking, cyberstalking, and written or electronic threats criminalize patterns of communication and conduct, and because so much of modern life happens by text and online, ordinary disputes, breakups, and heated messages can turn into criminal charges. These cases hinge on intent, repetition, and context, and they are often built on screenshots and a one-sided narrative that a careful defense can reframe.
| Charge | What it requires | Level |
|---|---|---|
| Stalking (784.048(2)) | Willful, malicious, repeated following, harassing, or cyberstalking | First-degree misdemeanor |
| Aggravated stalking (784.048(3)-(4)) | Stalking with a credible threat, a minor victim, or an order in place | Third-degree felony |
| Written or electronic threats (836.10) | Sending a threat to kill or do serious harm | Felony |
Stalking Requires a Pattern, Not a Moment
Stalking under section 784.048 is not a single act. It requires a course of conduct, meaning a series of acts over time, that is willful, malicious, and repeated, and that serves no legitimate purpose. That definition has built-in defenses. A single incident is not stalking, conduct that served a legitimate purpose is excluded, and harassment requires substantial emotional distress judged by a reasonable-person standard, not merely an annoyed recipient. Aggravated stalking adds a credible threat, a victim under sixteen, or conduct that violates an existing injunction, which raises the offense to a felony. Whether the conduct truly formed a malicious pattern, or was ordinary contact recast as something sinister, is usually the fight.
Threats in the Digital Age
Section 836.10 makes it a felony to send a written or electronic communication containing a threat to kill or do great bodily harm, or to conduct a mass shooting or act of terrorism. The statute has reached far into everyday online life, and a frustrated message, a joke, an emoji, or a venting post can be charged as a serious threat. The defense turns on context and meaning: whether the words were a true threat or hyperbole, whether they were conditional or political speech, and whether the sender meant them as a threat at all. Courts distinguish genuine threats from crude or angry speech, and that line is where many of these cases are won.
Related Charges: Extortion and Witness Tampering
Two related offenses often travel with threat cases. Criminal threats or extortion under section 836.05 involve threatening a person’s safety, property, or reputation to obtain money or an advantage, and witness tampering under section 914.22 covers using threats or intimidation to influence a witness in a proceeding. Both are serious felonies, and both turn on intent and on what the communication truly conveyed, so the same close reading of words and context applies.
How I Approach a Stalking or Threats Case
These cases live in the messages, so the defense reads all of them, not the handful the State selected. The work is showing the full exchange rather than the excerpt, testing whether the conduct met the statutory course-of-conduct or true-threat standard, surfacing the legitimate purpose or the context the report omitted, and challenging the accuser’s account where it has shifted. A breakup, a business dispute, or an angry week of texts is not the same as a crime, and proving that distinction is the heart of the defense.
Related: Violent crimes overview, Domestic violence, Assault and battery, and Challenging a search or stop.
I started as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and I am one of six ACS-CHAL Forensic Lawyer-Scientists in the state. A violent-crime case is rarely as settled as the arrest report makes it sound, and the gaps are where the defense lives. Learn more about my background.
Common Questions
What does the State have to prove for stalking in Florida?
Stalking under section 784.048 requires a course of conduct, a series of acts over time, that is willful, malicious, and repeated, and that serves no legitimate purpose. A single incident is not stalking, conduct with a legitimate purpose is excluded, and harassment must cause substantial emotional distress judged by a reasonable-person standard, not merely annoy the recipient.
When does stalking become aggravated stalking?
Aggravated stalking under section 784.048(3) and (4) is a third-degree felony and adds an element: a credible threat that places the victim in reasonable fear, a victim under sixteen, or conduct that violates an existing injunction or court order. The added element is what raises the offense from a misdemeanor to a felony.
Can a text or social media post really be a felony threat?
It can be charged that way under section 836.10, which covers written or electronic threats to kill or do great bodily harm. But the defense turns on context and meaning, whether the words were a true threat or hyperbole, a joke, conditional, or protected speech. Courts distinguish genuine threats from crude or angry speech, and that line decides many of these cases.
What is the difference between criminal threats and extortion?
Extortion under section 836.05 involves threatening a person's safety, property, or reputation in order to obtain money or some advantage, which adds the element of a demand. A threat under section 836.10 does not require a demand. Both are serious and both turn on intent and on what the communication truly conveyed.
How do you defend a stalking or threats case?
By reading every message, not the few the State selected. The defense shows the full exchange rather than an excerpt, tests whether the conduct met the course-of-conduct or true-threat standard, surfaces any legitimate purpose, and challenges an accuser's account that has changed. A breakup or a business dispute recast as a crime is exactly what these defenses target.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Penalties and procedures vary with the specific charge and facts, so confirm how the current law applies to your situation with counsel. Every case is different, and past results do not guarantee a similar outcome.
