Supreme Court of Florida

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No. SC19-1654

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IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—

REPORT 2019-08.

January 16, 2020

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal 

Cases (Committee) has submitted proposed changes to the standard jury 

instructions and asks that the Court authorize the amended standard instructions for 

publication and use. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The Committee proposes amending standard criminal jury instructions 8.6 

(Stalking), 8.7(a) (Aggravated Stalking), 8.7(b) (Aggravated Stalking (Injunction 

Entered)), 8.7(c) (Aggravated Stalking (Victim under 16 years of age)), and 8.7(d) 

(Aggravated Stalking (Defendant previously sentenced for sex offense and was 

prohibited from contacting victim)). The Committee filed its report after 

publishing the proposals in The Florida Bar News. No comments were received

by the Committee.
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Having considered the Committee’s report, we amend the standard jury 

instructions as proposed by the Committee and authorize them for publication and 

use. All of the instructions are updated to include the amended definition for 

“cyberstalk” based upon chapter 2019-167, section 31, Laws of Florida, which 

amended section 784.048(1)(d), Florida Statutes (2019). In addition, instruction 

8.7(b) is amended to move the citation to Seese v. State, 955 So. 2d 1145 (Fla. 4th 

DCA 2007), from the comment section to above the definition for “maliciously.” 

Finally, in instruction 8.7(d), the citation to Seese and the definition for 

“maliciously” are added.

The amended criminal jury instructions, as set forth in the appendix to this 

opinion, are hereby authorized for publication and use.1

 New language is indicated 

by underlining, and deleted language is indicated by struck-through type. We 

caution all interested parties that any comments associated with the instructions 

reflect only the opinion of the Committee and are not necessarily indicative of the 

views of this Court as to their correctness or applicability. In authorizing the 

 

1. The amendments as reflected in the appendix are to the Criminal Jury 

Instructions as they appear on the Court’s website at 

www.floridasupremecourt.org/jury_instructions/instructions.shtml. We recognize 

that there may be minor discrepancies between the instructions as they appear on 

the website and the published versions of the instructions. Any discrepancies as to 

instructions authorized for publication and use after October 25, 2007, should be 

resolved by reference to the published opinion of this Court authorizing the 

instruction.
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publication and use of these instructions, we express no opinion on their 

correctness and remind all interested parties that this authorization forecloses 

neither requesting additional or alternative instructions nor contesting the legal 

correctness of the instructions. The instructions as set forth in the appendix shall 

become effective when this opinion becomes final.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., 

concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, 

IF FILED, DETERMINED.

Original Proceeding – Supreme Court Committee on Standard Jury Instructions in 

Criminal Cases

Judge F. Rand Wallis, Chair, Supreme Court Committee on Standard Jury 

Instructions in Criminal Cases, Daytona Beach, Florida; and Bart Schneider, Staff 

Liaison, Office of the State Courts Administrator, Tallahassee, Florida,

for Petitioner
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APPENDIX

8.6 STALKING

§ 784.048(2), Fla. Stat.

To prove the crime of Stalking, the State must prove the following 

element beyond a reasonable doubt:

(Defendant) willfully, maliciously, and repeatedly [followed] [harassed] 

[or] [cyberstalked] (victim).

Definitions.

§ 784.048(1)(a), Fla. Stat.

“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.

§ 784.048(1)(b), Fla. Stat.

“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. 

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

“Willfully” means knowingly, intentionally and purposely.

Give if applicable. 

§ 784.048(1)(d), Fla. Stat.

“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,] [or] [to access or attempt to access the online accounts or Internetconnected home electronic systems of another person without that person’s 

permission,] causing substantial emotional distress to that person and serving 

no legitimate purpose. 

Lesser Included Offenses

STALKING — 784.048(2)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
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None

Attempt 777.04(1) 5.1

Comment

This instruction was approved in 1995 [657 So. 2d 1152] and amended in 

2007 [953 So. 2d 495], and 2013 [131 So. 3d 755], and 2020.

8.7(a) AGGRAVATED STALKING

§ 784.048(3), Fla. Stat.

To prove the crime of Aggravated Stalking, the State must prove the 

following two elements beyond a reasonable doubt:

1. (Defendant) willfully, maliciously, and repeatedly [followed] 

[harassed] [or] [cyberstalked] (victim); and

2. (Defendant) made a credible threat to (victim).

Definitions.

§ 784.048(1)(a), Fla. Stat.

“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. 

§ 784.048(1)(b), Fla. Stat.

“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.

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

“Willfully” means knowingly, intentionally and purposely.

Give if applicable. 

§ 784.048(1)(d), Fla. Stat. 
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“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,] [or] [to access or attempt to access the online accounts or Internetconnected home electronic systems of another person without that person’s 

permission,] causing substantial emotional distress to that person and serving 

no legitimate purpose. 

§ 784.048(1)(c), Fla. Stat.

“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 for the State to prove that the person making the 

threat had the actual intent to carry out the threat.

Give if applicable.

The present incarceration of the person making the threat is not a bar 

to prosecution.

Lesser Included Offenses

AGGRAVATED STALKING — 784.048(3)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Stalking 784.048(2) 8.6

Attempt 777.04(1) 5.1

Assault 784.011 8.1

Improper exhibition of 

dangerous weapon

790.10 10.5

Comment

This instruction was approved in 1995 [657 So. 2d 1152] and amended in 

2007 [953 So. 2d 495], and 2013 [131 So. 3d 755], and 2020. to incorporate the 

change in law effective October 1, 2012.
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8.7(b) AGGRAVATED STALKING

(Injunction Entered)

§ 784.048(4), Fla. Stat.

To prove the crime of Aggravated Stalking, the State must prove the 

following three elements beyond a reasonable doubt:

1. (Defendant) knowingly, willfully, maliciously, and repeatedly 

[followed] [harassed] [or] [cyberstalked] (victim).

Give 2a or 2b or both as applicable.

2. At the time of the [following] [harassing] [cyberstalking], 

a. an injunction for protection against [repeat] [sexual] 

[dating] [domestic] violence had been entered against 

(defendant) for the benefit of (victim). 

b. a court had imposed a prohibition of conduct on 

(defendant) toward (victim) or (victim’s property).

3. (Defendant) knew that the [injunction] [court-imposed prohibition 

of conduct] had been entered against [him] [her].

Definitions.

§ 784.048(1)(a), Fla. Stat.

“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.

§ 784.048(1)(b), Fla. Stat.

“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. 

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

“Willfully” means knowingly, intentionally and purposely.

Give if applicable. 

§ 784.048(1)(d), Fla. Stat. 
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“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,] [or] [to access or attempt to access the online accounts or Internetconnected home electronic systems of another person without that person’s 

permission,] causing substantial emotional distress to that person and serving 

no legitimate purpose. 

Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007).

“Maliciously” means wrongfully, intentionally, and without legal 

justification or excuse.

Lesser Included Offenses

AGGRAVATED STALKING (Injunction Entered) — 784.048(4)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Stalking 784.048(2) 8.6

Attempt 777.04(1) 5.1

Violation of injunction for 

protection against domestic 

violence

741.31(4) 8.168

Violation of injunction for 

protection against repeat, 

sexual, or dating violence

784.047 8.19

Violation of injunction for 

protection against stalking or 

cyberstalking

784.0487(4) 8.24

Comments

See Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007), for the definition 

of maliciously. 

This instruction was adopted in 1995 [657 So. 2d 1152] and was amended in 

2007 [953 So. 2d 495], 2008 [995 So. 2d 476], and 2013 [131 So. 3d 755], and 

2020.
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8.7(c) AGGRAVATED STALKING

(Victim under 16 years of age)

§ 784.048(5), Fla. Stat.

To prove the crime of Aggravated Stalking, the State must prove the 

following two elements beyond a reasonable doubt:

1. (Defendant) willfully, maliciously, and repeatedly [followed] 

[harassed] [or] [cyberstalked] (victim); and,

2. At the time of (defendant’s) actions, (victim) was under 16 years of 

age.

Definitions.

§ 784.048(1)(a), Fla. Stat.

“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.

§ 784.048(1)(b), Fla. Stat.

“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.

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

“Willfully” means knowingly, intentionally and purposely.

Give if applicable. 

§ 784.048(1)(d), Fla. Stat. 

“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,] [or] [to access or attempt to access the online accounts or Internetconnected home electronic systems of another person without that person’s 

permission,] causing substantial emotional distress to that person and serving 

no legitimate purpose.
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Lesser Included Offenses

AGGRAVATED STALKING (Victim under 16 years of age) — 784.048(5)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Stalking 784.048(2) 8.6

Attempt 777.04(1) 5.1

Violation of injunction 

for protection against 

domestic violence

741.31(4) 8.18

Violation of injunction 

for protection against 

repeat, sexual, or dating 

violence

784.047 8.19

Violation of injunction 

for protection against 

stalking or cyberstalking

784.0487(4) 8.24

Comment

This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2007 

[953 So. 2d 495], and 2013 [131 So. 3d 755], and 2020.

8.7(d) AGGRAVATED STALKING

(Defendant previously sentenced for sex offense

and was prohibited from contacting victim)

§ 784.048(7), Fla. Stat.

To prove the crime of Aggravated Stalking, the State must prove the 

following three elements beyond a reasonable doubt:

1. (Defendant) was sentenced for [sexual battery] [violating Fla. Stat. 

800.04] [violating Fla. Stat. 847.0135(5)].

2. As part of that sentencing, (defendant) was ordered to have no 

contact with (victim).

3. After the sentencing, (defendant) willfully, maliciously, and 

repeatedly [followed] [harassed] [or] [cyberstalked] (victim).
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Definitions.

§ 784.048(1)(a), Fla. Stat.

“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.

§ 784.048(1)(b), Fla. Stat.

“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.

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987). 

“Willfully” means knowingly, intentionally and purposely.

Give if applicable. 

§ 784.048(1)(d), Fla. Stat. 

“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,] [or] [to access or attempt to access the online accounts or Internetconnected home electronic systems of another person without that person’s 

permission,] causing substantial emotional distress to that person and serving 

no legitimate purpose.

Seese v. State, 955 So. 2d 1145 (Fla. 4th DCA 2007).

“Maliciously” means wrongfully, intentionally, and without legal 

justification or excuse.

Lesser Included Offenses

AGGRAVATED STALKING (Defendant previously sentenced for sex 

offense and was prohibited from contacting victim) — 784.048(7)

CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.

Stalking 784.048(2) 8.6

Attempt 777.04(1) 5.1

Violation of injunction 

for protection against 

domestic violence

741.31(4) 8.18
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Violation of injunction 

for protection against 

repeat, sexual, or dating 

violence

784.047 8.19

Violation of injunction 

for protection against 

stalking or cyberstalking

784.0487(4) 8.24

Comment

This instruction was adopted in 2013 [131 So. 3d 755] and amended in 2020.