Cyberbullying and Cyberstalking Laws in Florida

Bullying has always been a menace in teenage social life, but with the internet and other electronic modes of socializing, cyberbullying­—bullying that takes place in an electronic format—has developed into a potentially even more dangerous teenage social ill. What many don't realize is that cyberbullying can cross the line to criminal conduct.

This article discusses Florida's criminal statutes that prohibit and penalize cyberbullying.

Is Cyberbullying a Crime in Florida?

It can be. Florida makes it a crime to harass, stalk, threaten, or intimidate another person online or through electronic communications. These actions cross the line to criminal behavior when the cyberbully intends to cause another substantial emotional stress or fear of harm. Below are descriptions of these crimes and their penalties.

What Are the Penalties for Cyberstalking in Florida?

Florida law defines cyberstalking under its criminal stalking laws.

What Is Cyberstalking?

Cyberstalking includes causing a victim substantial emotional distress by:

• engaging in a pattern of electronic communications directed at a specific person, or
• accessing or attempting to access another's online accounts or internet-connected systems without permission.

A person is guilty of stalking or aggravated stalking if they willfully, maliciously, and repeatedly harass or cyberstalk another person.

How Is Cyberstalking Punished?

A person convicted of cyberstalking commits a first-degree misdemeanor and faces a possible jail sentence not to exceed one year, a fine not to exceed $1,000, or both.

The crime becomes aggravated cyberstalking—a felony of the third degree—if any of the following are true:

• the victim is a child younger than 16
• the defendant's conduct violates an injunction for protection or a similar court restraining order, or
• the defendant makes a credible threat of harm to the victim or their family or close acquaintances.

This conviction carries up to five years in prison and a $5,000 fine.

Upon a conviction for cyberstalking or aggravated cyberstalking, the court can also issue a restraining order against the defendant for up to 10 years. A victim can also seek an injunction against stalking on their own. Violating one of these orders is a crime.

(Fla. Stat. §§ 775.082, 775.083, 784.048, 784.0485, 784.0487 (2024).)

What Are the Penalties for Sexual Cyberharassment in Florida?

Florida has a separate crime that prohibits sexual cyberharassment. This law prohibits what's commonly referred to as revenge porn. It makes it a crime to publish online or electronically distribute a sexually explicit image of another without consent and with the intent of causing substantial emotional distress to the depicted person.

A person who willfully and maliciously sexually cyberharasses another commits a first-degree misdemeanor for a first offense and a third-degree felony for a repeat offense. A misdemeanor conviction carries up to a year of jail time. The felony can mean up to five years of prison time.

(Fla. Stat. §§ 775.082, 775.083, 784.049 (2024).)

What Are the Penalties for Cyberintimidation in Florida?

Cyberintimidation involves unlawfully posting a victim's personal information online in an effort to:

• threaten or harass the victim and place them in fear of harm, or
• incite violence or a crime against the victim.

This crime is also known as doxing. It's a crime whether the person posting the information intends to use it directly to harm the victim or to get a third party to cause the harm.

A conviction carries first-degree misdemeanor penalties of up to a year in jail.

(Fla. Stat. § 748.049 (2024).)

What Are the Penalties for Electronic Threats of Harm in Florida?

Harsh felony penalties apply if an offender electronically sends or posts any digital message in any form (text, graphics, video, audio, pictures) that contains a threat to harm or kill the victim. This crime is a felony in the second degree, punishable by up to 15 years in prison and a $10,000 fine.

(Fla. Stat. § 836.10 (2024).)

Will Teenagers Accused of Cyberbullying Go to Juvenile or Adult Court in Florida?

Both minors and adults can be charged with cyberbullying offenses, but they will be prosecuted in different courts based on their age when the crime was committed. Teenagers accused of acts committed when they were 18 or 19 will face charges in adult criminal court, whereas most juveniles whose acts were committed when they were 17 or younger fall under the jurisdiction of the state's juvenile justice system.

Juvenile Court

Juvenile court judges generally have more discretion than adult court judges in sentencing, as the juvenile justice system focuses more on rehabilitation rather than punishment. Within the juvenile system, sentencing options may include counseling, community service, treatment, monitoring, curfews, educational programs, or detention in a juvenile facility. In juvenile court, the minor receives an adjudication of delinquency rather than a criminal conviction. Some juvenile courts may offer a mental health or other intervention track to avoid an adjudication.

Juvenile Diversion

Florida law also permits prosecutors and law enforcement agencies to offer juvenile diversion programs that may avoid an arrest record and juvenile court. Many of these programs only accept juveniles who commit misdemeanors or non-violent felonies. If offered, the program may require a juvenile to complete community service hours, counseling, or intervention services.

(Fla. Stat. §§ 985.03, 985.12, 985.125, 985.345, 985.35, 985.433 (2024).)

School Cyberbullying Policies in Florida

Florida schools can also discipline students for bullying, cyberbullying, or harassing other students. Each public K-12 school in Florida must adopt and enforce an anti-bullying and anti-harassment policy that conforms to the model policy mandated by the state Department of Education.

Florida law defines cyberbullying in schools as conduct that systematically and chronically inflicts physical or psychological distress upon a student or students. Such conduct may include teasing, social exclusion, threats, intimidation, violence, theft, sexual, religious or racial harassment, public or private humiliation, or destruction of property. Harassment can be any insults, threats, or dehumanizing gestures that interfere with a student's educational opportunities, disrupt school operations, or place a student or employee in fear of harm.

Like most states, Florida schools' anti-bullying policies must contain procedures for reporting, investigating, documenting, and responding to alleged instances of bullying.

(Fla. Stat. § 1006.147 (2024).)

When to Talk to a Lawyer

If you or anyone you know has experienced or been accused of stalking or bullying, you may want to speak with a lawyer experienced in criminal defense or education law in your area.