The first stalking legislation was enacted in California in 1990.
The problem is that, individually, the stalking behavior is not necessarily illegal. It is not illegal to text, or to call. It is not illegal to send packages.
Not illegal to set up appointments for their victims at random places. Take out ads in the newspaper.
The day in and day out contact is what he thrives on, and it is the accumulated series of behaviors, taken as a whole, which constitutes the stalking.
It is tough stuff to deal with.
Actually it IS against the law, even in Duval County. For those that post often have probably heard me discuss my "Voluntold" job with a Springfield-based not-for-profit and I have had to deal with this on several occasions. Unfortunately, in the process of rehabilitating those whom have gone adrift of the law in the past are often used to such a lifestyle and are unsure how to stop. After being "involuntarily separated" from exes and families and friends for a period of years, many form an attachment to the "idea" of a person that they once knew. An interesting phenomenon is that when most return to society, they pick up right where they left off, even though the rest of the world continued growing and living. Obviously, this results in action be required of law enforcement because our promise to the men is to help them transition back into society as a productive member who can contribute something back to their neighbors. Our promise to families and the community in general is to keep them safe from the "manipulations" that was their last life.
Specifically in Duval County, there is a way to stop this. But it takes work, and here is why. When you dial 630-0500 and a deputy responds to take a report, the majority of the time it is unfounded and the police are being used as a pawn between two feuding people. Secondly, those where reports are filed and followed through to the States Attorneys office must at some point go in front of a judge and the victim can be intimidated by this. After all, that is what the manipulator wants, recognition and face time. But remember, the officer that took has to be there. That means they came off duty or from their time off to the courtroom to stand alongside the victim. When one doesn't show, that makes them less inclined to file a report the next time.
Here are the key things that would help put a stop to stalking before someone has to call 911 and ask for an ambulance and a cop car:
1.) Do NOT respond to them or engage in any way, once you do that is considered to be "engaging the conversation" and the only response the first year law student defending the stalker needs to give was that the victim "elicited a response".
2.) The one exception to the above, one text (preferably) or recorded phone call that has the victim saying "Please do not contact any more". That is it, you have to be careful to not make a threat because this insinuates an ongoing feud.
3.) Once you have proof of harassment via texts or recorded phone calls (any packages from person should be sent back unopened) than you can call 630-0500 (JSO Non-emergency) or go to the clerk of courts and file a civil complaint. I have included the statute below that the victim should cite when filing their complaint.
4.) Not another point, but an addition to #3, if you are receiving packages I did have one client whom had an ex wife that he would send stuff to in St Johns County. She knew it was him, but because he didn't put his name on the package she had a "suspicious" package on her step and called 911. This brought deputies, the county bomb squad and the ATF unit out of Jacksonville. The package was deemed to have been a teddy bear (not threatening in any way) but after she explained the scenario, they promptly (with the assistance of JSO) showed up at our Boulevard residence and arrested the man. I would not suggest this, but it was effective. Two days later the charges were dropped and he has not tried anything since.
5.) Filing that complaint is important because once they are served, ANY contact (this includes driving by residence unless no other route is available) is an immediate cause for arrest.
Now, you have to fight. The victim in these incidents has to be strong and persistent. The easiest way is probably to associate today's stalking laws with domestic violence of the early 80's, they exist but if you want them enforced, you'll have to make the officers do their job.
Here is the statute:
784.048 Stalking; definitions; penalties.—
(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. The present incarceration of the person making the threat is not a bar to prosecution under this section.
(d) “Cyberstalk†means to engage 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.
(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.
(4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another 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.
(5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age 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.
(6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.
(7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim 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.
(8.) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
(9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.
(b) The order may be issued by the court even if the defendant is sentenced to a state prison or a county jail or even if the imposition of the sentence is suspended and the defendant is placed on probation.
History.—s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27; s. 23, ch. 2002-55; s. 1, ch. 2003-23; s. 3, ch. 2004-17; s. 3, ch. 2004-256; s. 17, ch. 2008-172; s. 2, ch. 2012-153.
There are also several agencies in Jacksonville that can provide assistance
Go to the new courthouse, room 2409 and speak with a harassment counselor. This is the Domestic Violence unit, however they can supply you with the necessary information.
Jax Legal Aid on Adams Street can also provide assistance when it comes to filing for a restraining order.
On a personal note, it is not easy. I have had to work with JSO deputies on six of these cases over the past four years and it is a process in which the squeaky wheel gets the oil. Also, it is much easier to file these charges against someone whose had run-ins with the law in the law in the past versus someone who appears to be an upright citizen. The most important thing is to have a record of harrassment. Journals where the victim recount everything that occurs will work, but texts/emails/recorded phone calls and pictures of packages that were sent back are so much better. Courts are visual, the more they can look at the better they will react.
As for recorded phone calls, voice mail messages are admissible for obtaining restraining orders. Actual phone calls must be told that they are being recorded. Everything AFTER that statement is admissible. But I would strongly advise to never engage in a phone call.
Hope this was helpful in whatever situation caused you to post. As always, if you know someone being stalked or harassed please encourage them to report, until they are on the police radar they can get away with anything and may end up hurting someone else. In the case of Stephen, you can see what happens when it goes too far. Thankfully his stalker chose to take it out on themselves, however this is almost split perfectly 50/50 between those whom harm themselves and those whom attack the object of their obsession. Unfortunately, there is no way to tell which one they'll do until they do it ... And JSO's response times aren't good enough to provide me with comfort in that scenario. And the only reason we have the laws we do today is because people like Stephen had the courage to stand up and take a stand.
Jason Bird, Sr. Case Mgr.
Prisoners of Christ
(904) 773-3466
jebird@ymail.com
