Various levels of stalking can occur, some with enhanced consequences dependent on the circumstances. Section 784.048, Florida Statutes, addresses stalking and aggravated stalking scenarios. Generally, to prove the crime of stalking, the State must prove beyond a reasonable doubt that the Defendant willfully, maliciously and repeatedly harassed the victim.
Aggravated stalking occurs where it is demonstrated that the Defendant made a credible threat with the intent to place the victim in reasonable fear of death or bodily injury. Aggravated stalking can also occur where, at the time of the stalking, an injunction for protection against violence had been entered against the Defendant for the benefit of the victim.
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