MY SEARCH FOR JUSTICE
laws and florida statutes
On this page will be the details of the laws / and Florida statutes involved.
Florida statutes: ( 784.048) stalking definitions /penalties
Florida statutes: (810.12) unauthorized entry on land; prima facie evidence of trespass
Florida statutes: (810.07) prima facie evidence of intent( burglary/trespass)
Florida statutes: (810.015) legislative findings and intent;burglary
Florida statutes: (810.011) definition
Florida statutes: (810.08) Trespass in structure
Florida statutes: (810.02) Burglary
Florida statutes: (810.06) possession of burglary tools
Florida statutes: (810.061)
Florida statutes: (810.07) Prima facie evidence of intent
Florida Statutes: (810.08) Trespass in structure or conveyence
Florid Statutes: (810.145) voyeurism/burglary/trespass
Florida Statutes: (775.082 (775.084) Aggravated stalking Person who violates this section and who has previously been convicted of or adjudicated diligent for any violation of this section commits a felony of the 3rd degree/punishable as provided
Florida Statutes: (810.061) Impairing or empeding telephone or power to a dwelling facilitation or furthering a burglary
penalty felony of 3rd degree punishable by ( 775.082) (775.083) (775.084)
Florida Statutes: (810.02) Burglary
Florida Statutes: (895.02) Abstract (27/812) relating to theft/robbery/related crimes
Florida Statutes: (Chapter 815) relating to computer crimes
Florida Statutes: (Chapter 896) finances related to financial transactions
Florida Statutes: (Chapter 817) relating to fraudulent practices/false pretenses/fraud generally credit card crimes
Defamation, libel and Slander law:
"Defamation of character" cause of action which is generally defined to include "libel" and "slander"
Defamation is the issuance of a false statement about another person which causes that person to suffer harm.
Slander involves the making of defamatory statements by a transitory ( non-fixed) representation.
Libel involves the mam the making of defamatory statements in a printed or fixed medium such as a magazine or newspaper.
Typically the elements of a cause of action for defamation include:
1. A false and defamatory statement concerning another
2. The unprivileged publication of the statement to a third party ( that is somebody other than the person defamed by the statement)
3. If the defamatory matter is of public concern fault amounting at least to negligence on the part of publisher
4. Damage to the plaintiff
*In the context of defamation law a statement is "PUBLISHED" when it is made to the third party
Harassment:
Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victims and results in a hostile environment for the victim. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault impending or blocking movement, offensive touching or any physical interference with the normal work or movement, and visual insults such as derogatory posters or cartoons.
The following is a state law dealing with harassment:
S 240.25 Harassment in the first degree
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or by engaging in a course of conduct or by repeatedly committing acts which place such a person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act as amended the railway labor act as amended or the federal employment labor management act as amended. Harassment in the first degree i s a class B misdemeanor
S 240.26 Harassment in the Second Degree
A person is guilty of harassment in the second degree when with intent to harass annoy or alarm another person:
1. He or she strikes ,shoves kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same or
2. He or she follows a person in or about a public place or places or
3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Subsections two and three of this section shall not apply to activities regulated by the national labor relations act as amended the railway labor act as amended or the federal employment labor management act as amended. Harassment in the second degree is a violation.
S. 240.30 Aggravated harassment in the second degree
A person is guilty of aggravated harassment in the second degree when , with intent to harass annoy threaten or alarm another person he or she
1. Either (a) communicates with a person , anonymously or otherwise, by telephone, or telegraph, mail or any other form of written communication in a manner likely to cause annoyance or alarm or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person anonymously or otherwise by telephone or by telegraph mail or any other form of written communication in a manner likely to cause annoyance or alarm
2. makes a telephone call whether to not a conversation ensues with no purpose to legitimate communication or
3. Strikes shoves kicks or otherwise subjects another person to physical contact or attempts or threatens to do the same because of a belief or perception regarding such person's race color national origin ancestry,gender, religion, religious practice, age disability or sexual orientation, regardless of whether the belief or perception is correct he or she:
1. Damages premises primarily used for religious purposes or acquired pursuant to section six of the religious corporation law an maintained for purposes of religious instruction an the damage to the premises exceeds fifty dollars or commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or ha had been previously convicted of the crime fo aggravated harassment in the first degree within the preceding tn years. Aggravated harassment in the first degree is a class E felony.
Cyber Stalking: use of the internet or other electronic means to stalk/harass an individual a group of individuals or an organization may include false accusation monitoring, making threats identity theft damage to data or equipment or gather information in order to harass.
The definition of harassment must meet the criteria that a reasonable person in possession of the same information would regard it as sufficient to cause another reasonable person distress
Cyber Stalking legislation: The current Us Federal Anti Cyber Stalking law is found at
47 USC sec 223/ In Florida: HB479 was introduced in 2003 to ban Cyber Stalking singed into law on October 2003. /
*Cyber Stalking has also been addressed in recent US federal law. For example: Violence Against Woman Act. passed in 2000 made cyber stalking a part of the federal interstate stalking statute.
"Fighting cyberstalking:" computer edge magazine/copyright 1997 byte buyer inc.
Florida statutes: ( 784.048) stalking definitions /penalties
Florida statutes: (810.12) unauthorized entry on land; prima facie evidence of trespass
Florida statutes: (810.07) prima facie evidence of intent( burglary/trespass)
Florida statutes: (810.015) legislative findings and intent;burglary
Florida statutes: (810.011) definition
Florida statutes: (810.08) Trespass in structure
Florida statutes: (810.02) Burglary
Florida statutes: (810.06) possession of burglary tools
Florida statutes: (810.061)
Florida statutes: (810.07) Prima facie evidence of intent
Florida Statutes: (810.08) Trespass in structure or conveyence
Florid Statutes: (810.145) voyeurism/burglary/trespass
Florida Statutes: (775.082 (775.084) Aggravated stalking Person who violates this section and who has previously been convicted of or adjudicated diligent for any violation of this section commits a felony of the 3rd degree/punishable as provided
Florida Statutes: (810.061) Impairing or empeding telephone or power to a dwelling facilitation or furthering a burglary
penalty felony of 3rd degree punishable by ( 775.082) (775.083) (775.084)
Florida Statutes: (810.02) Burglary
Florida Statutes: (895.02) Abstract (27/812) relating to theft/robbery/related crimes
Florida Statutes: (Chapter 815) relating to computer crimes
Florida Statutes: (Chapter 896) finances related to financial transactions
Florida Statutes: (Chapter 817) relating to fraudulent practices/false pretenses/fraud generally credit card crimes
Defamation, libel and Slander law:
"Defamation of character" cause of action which is generally defined to include "libel" and "slander"
Defamation is the issuance of a false statement about another person which causes that person to suffer harm.
Slander involves the making of defamatory statements by a transitory ( non-fixed) representation.
Libel involves the mam the making of defamatory statements in a printed or fixed medium such as a magazine or newspaper.
Typically the elements of a cause of action for defamation include:
1. A false and defamatory statement concerning another
2. The unprivileged publication of the statement to a third party ( that is somebody other than the person defamed by the statement)
3. If the defamatory matter is of public concern fault amounting at least to negligence on the part of publisher
4. Damage to the plaintiff
*In the context of defamation law a statement is "PUBLISHED" when it is made to the third party
Harassment:
Harassment is governed by state laws, which vary by state, but is generally defined as a course of conduct which annoys, threatens, intimidates, alarms, or puts a person in fear of their safety. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victims and results in a hostile environment for the victim. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault impending or blocking movement, offensive touching or any physical interference with the normal work or movement, and visual insults such as derogatory posters or cartoons.
The following is a state law dealing with harassment:
S 240.25 Harassment in the first degree
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or by engaging in a course of conduct or by repeatedly committing acts which place such a person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act as amended the railway labor act as amended or the federal employment labor management act as amended. Harassment in the first degree i s a class B misdemeanor
S 240.26 Harassment in the Second Degree
A person is guilty of harassment in the second degree when with intent to harass annoy or alarm another person:
1. He or she strikes ,shoves kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same or
2. He or she follows a person in or about a public place or places or
3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.
Subsections two and three of this section shall not apply to activities regulated by the national labor relations act as amended the railway labor act as amended or the federal employment labor management act as amended. Harassment in the second degree is a violation.
S. 240.30 Aggravated harassment in the second degree
A person is guilty of aggravated harassment in the second degree when , with intent to harass annoy threaten or alarm another person he or she
1. Either (a) communicates with a person , anonymously or otherwise, by telephone, or telegraph, mail or any other form of written communication in a manner likely to cause annoyance or alarm or (b) causes a communication to be initiated by mechanical or electronic means or otherwise with a person anonymously or otherwise by telephone or by telegraph mail or any other form of written communication in a manner likely to cause annoyance or alarm
2. makes a telephone call whether to not a conversation ensues with no purpose to legitimate communication or
3. Strikes shoves kicks or otherwise subjects another person to physical contact or attempts or threatens to do the same because of a belief or perception regarding such person's race color national origin ancestry,gender, religion, religious practice, age disability or sexual orientation, regardless of whether the belief or perception is correct he or she:
1. Damages premises primarily used for religious purposes or acquired pursuant to section six of the religious corporation law an maintained for purposes of religious instruction an the damage to the premises exceeds fifty dollars or commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or ha had been previously convicted of the crime fo aggravated harassment in the first degree within the preceding tn years. Aggravated harassment in the first degree is a class E felony.
Cyber Stalking: use of the internet or other electronic means to stalk/harass an individual a group of individuals or an organization may include false accusation monitoring, making threats identity theft damage to data or equipment or gather information in order to harass.
The definition of harassment must meet the criteria that a reasonable person in possession of the same information would regard it as sufficient to cause another reasonable person distress
Cyber Stalking legislation: The current Us Federal Anti Cyber Stalking law is found at
47 USC sec 223/ In Florida: HB479 was introduced in 2003 to ban Cyber Stalking singed into law on October 2003. /
*Cyber Stalking has also been addressed in recent US federal law. For example: Violence Against Woman Act. passed in 2000 made cyber stalking a part of the federal interstate stalking statute.
"Fighting cyberstalking:" computer edge magazine/copyright 1997 byte buyer inc.
