Florida Laws on Email Harassment
In the state of Florida, email harassment is legally classified as a form of stalking commonly referred to as "cyberstalking." Florida does not have a specific law for email harassment, but victims of electronic harassment find legal protection under Florida Statutes 784.048 and 817, which deal with stalking and related crimes.
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Stalking
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According to Florida Statute 784.048, any individual who intentionally and repeatedly "follows, harasses, or cyberstalks" another person can be considered to be stalking that person. Florida law defines harassment as any action that causes a person intentional harm and does not serve a valid purpose. Online Sunshine, the official Internet site of the Florida Legislature, explains the legal definition of "course of conduct" as a series of events over an undefined length of time that shows that the harassing behavior was intentionally continued. The Florida Statutes define a "credible threat" as a threat to kill or seriously harm the intended victim or his family. Credible threat proves malicious intent on the part of the stalker.
Cyberstalking
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According to Online Sunshine, cyberstalking consists of engaging "in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose." In other words, cyberstalking can be defined as any Internet or electronic communication that causes unnecessary emotional harm. Harassing emails fall under the definition of stalking by meeting the definitions for harassment, course of conduct and credible threat.
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Consequences of Cyberstalking
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The legal consequences for stalking, including cyberstalking, vary by the severity of the situation. By definition in the Florida statutes, stalking in the form of repeatedly following, harassing or cyberstalking is a first-degree misdemeanor. When a person commits all of the previously mentioned offenses, and also makes a credible threat against the victim or her family, the crime becomes a third-degree felony. It is also a third-degree felony to follow, harass, or cyberstalk a minor under the age of 16. Stalking crimes, including cyberstalking, have the potential to land the perpetrator a lengthy prison sentence.
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