Florida law on stalking

[magical thyme]

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0784/Sections/0784.048.html

(1)?As used in this section, the term:
(a)?“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
(b)?“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
(c)?“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat.

(2)?A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3)?A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


imo, Zimmerman was stalking Martin at least in the 1st degree, and depending on their initial conversation, possibly in the 3rd degree as well.

Back in my 30s, I was walking home from a corner store in the middle of a summer Sunday afternoon when a strange man began passing me in his car, back and forth, yelling to me each time he passed. I was absolutely terrified. As a single woman living alone, I was afraid to run home and let him see where I lived. The police station was miles away, on the other side of town, or I would have headed straight there. As I turned into the last street that led to my condo, he pulled into a nearby parking lot and sat there staring at me and yelled something. Determined not to let him see where I lived, I walked to the lot and confronted him. In my case, it was mistaken identity and when he saw the look of absolute rage on my face, he turned red and took off. Had it been a rainy evening and Zimmerman following me in his car, who knows what would have happened?

When somebody threatening is following you in their car, you can't outrun them and you don't want to lead them to your home. Unless there is a police station or a store or somebody you know right there, you may well be driven to confront them.

[William769]

1. Florida has 150 new laws going into effect on Monday I'm been trying to sort through them today.

One on abortion, death penalty, snuffing out bongs, easier for landlords to evict tenants, just to name a few.

Sorry to go off topic.

[magellan]

2. We'll never know if that's the reason Trayvon didn't run to his dad's place

...but it's a good reminder to the rest of us.

[wercal]

3. Its not stalking, by its legal definition in Florida

Sections 2 and 3 both use the term 'repeatedly'.

It would be very difficult to establish that the acts happened 'repeatedly' in the span of 5 minutes.

[reusrename]

7. Zimmerman admits that he lost sight of him at least one time.

That sounds like repeatedly to me.

[wercal]

11. Ok you are using part of his statement

In another part of his statement he says he lost him and was going back to the truck. Are you going to choose to believe only the parts that prove stalking in your mind?

The charging affidavit does not include stalking.

[reusrename]

15. contemporaneously, while on the phone to the cops

and I know he wasn't charged with stalking

I would definitely argue that he repeatedly followed him, though

[wercal]

16. And also in his written statement

And also in his re-enactment with the police.

When stalking laws were tightened up thirty to forty years ago, it was in response to high profile cases where people were repeatedly harassed and followed in their day to day life...and the police could do nothing to stop it...eventually resulting in a delusional stalker's killing his prey, as punishment for either 'selling out' or ignoring them. That is what stalking laws address. Not this case.

[reusrename]

25. In any event, Zimmerman was acting out of character.

The Martin kid noticed something creepy about the guy and this creepiness was probably rooted in the fact that Zimmerman had made himself "armed and dangerous" before going out that night.

Because of that, he was acting in an "armed and dangerous" manner. If he were not "armed and dangerous," Zimmerman would have never approached the kid.

[magical thyme]

8. "a series of acts over a period of time, however short,"

IIRC, Martin tried to evade him, but Zimmerman continued in his pursuit, first in his car and then on foot. That was at least 2 acts.

[wercal]

9. Thats just the definition of one of the acts

Doesn't change the fsct that sections two and three reqire repeated instances of one of the acts.

[magical thyme]

17. I'd argue that it's 2 acts. 1. following him in car.

2, following him on foot, specifically after the 911 dispatcher suggested that he not do that.

Furthermore, at one point he lost sight of him and started back to his car for his flashlight. Rather than give up and wait for the police as he'd said he was going to do, he was preparing for a 3rd act of following.

[HooptieWagon]

10. 1 (b)

no matter how short the time

[wercal]

13. That is just the defintion of 'course of conduct'

Sections two and three spell out stalking...which was not included in the charging affidavit.

[magical thyme]

27. course of conduct is defined in relation to harassment, directly above it

and harassment is part of stalking.

[wercal]

29. And sections 2 and 3 state that harassment has to occur 'repeatedly'

[Nuclear Unicorn]

4. Has the prosecution charged this?

[wercal]

5. Here is the Affidavit

http://statelymcdanielmanor.wordpress.com/2012/04/17/the-trayvon-martin-case-update-2-the-prosecutor-and-the-affidavit/affidavit-p1/

No, they haven't.

[Nuclear Unicorn]

6. That being said I suppose the DA doesn't share the OP's theory.

I think too much water is over the dam at this point. Folks should just settle in and accept the process.

[HooptieWagon]

12. IMO, he should have.

He was stalking, he was armed. Death resulting from an armed felony, he is charged with murder, even if he didn't pull the trigger.

[Nuclear Unicorn]

14. The cited stalking law requires repeated episodes.

And I've seen it said before that both parties had a right to be where they were.

[magical thyme]

18. Opinion, not theory, which the DA may or may not share.

In light of the overall case, maybe didn't want to waste time haggling over what constitutes a separate act of following.

In a different scenario, say Martin is walking and Zimmerman following and a cop appears driving the opposite way down the street. Martin, frightened by Zimmerman, waves the cop down and tells him that Zimmerman is following him. The cop would stop Zimmerman and question him. Zimmerman would likely tell him he's a neighborhood watch and Martin acting suspiciously. It seems likely the cop would give Zimmerman a warning that stalking is a misdemeanor and in the future limit his watch activities to watching.

[Nuclear Unicorn]

20. There is no different scenario, there is only the present one.

[magical thyme]

21. way to miss the point. Obviously the present scenario is the one that is on trial.

you know perfectly well that I presented a hypothetical, alternative stalking scenario to demonstrate why I am of the opinion that Zimmerman was stalking Martin.

[Nuclear Unicorn]

23. I understand what you were doing and why but in the present scenario the DA

did not see fit to press charges of stalking because -- presumably -- the observed facts did not fit the description. I doubt time or effort are viable excuses because the charges would not be separate trials but arguable within the course of a single trial.

My view is to just let the trial run its course. The prosecution seems to have its hands full as it is and woulda-shoulda-coulda will only add unnecessary emotional investments to an already flammable situation.

[magical thyme]

28. if your view is to "just let the trial run its course" why do you continue to post in these threads

thereby inviting further discussion? Obviously the trial will run its course. But DU is a discussion board where members, er, discuss events.

There are any number of reasons why the DA might not have seen fit to press charges. The DA may have simply considered it a distraction from the larger case. As I've already written, in a slightly different situation, Zimmerman may have gotten a warning from the police. I write this from direct experience of having once been accused of harassment by telephone (I was an irate customer calling a contractor who deliberately trashed my property with his bulldozer. His wife answered: not my fault his business line was his home line, and I most certainly did not swear at her. Actually, I was sobbing over the rampant destruction of my land and my plans. But that did not stop the police from threatening me with jail for a felony. :shrug

[hack89]

19. Yet the state did not charge him with stalking

perhaps they see the law differently than you do?

[magical thyme]

22. Perhaps. Or perhaps they didn't want to muddy up a murder trial with arguments over what constitutes

separate acts.

As I wrote above, in a different scenario, had a cop arrived before the fight and Martin complained about some creepy guy following him, Zimmerman might have been given a warning by the cop that stalking is a crime.

The fact is, we don't know. But people have been arguing over the use of the term stalking in other threads. I posted Florida law in response. My opinion is it was stalking. Ymmv.

[KurtNYC]

24. have been watching the trial directly and I am not

in any way convinced that the prosecution is losing. Not convinced that they aren't either. Too early to tell.

The Prosecution relies heavily on Zim's recorded calls that night and the fact that he had a round already chambered. Also Zim makes no effort to save TM's life or call EMS after the shooting. Walks around, allegedly thinking of what to tell police when they show up.

The prosecution also will be using Zim's knowledge of the law against him. They have tried to show a pattern of his calls on similar matters and how he uses certain phrases that fit legal definitions that he knows.

[loli phabay]

26. everyone who Carries has a round chambered, its only in the movies they dont