Florida Cracking Down on Cyberstalking With New State Law
There is so much technology nowadays, and while that’s typically a good thing, it can also be a bad thing on a criminal level. Cyberstalking is on the rise, especially with the invention of Apple AirTags, digital apps, and other devices. These devices are used to secretly monitor the location of others. They can be used without the person knowing, which can be a frightening situation.
Florida is cracking down on cyberstalking. State law is becoming more aggressive in this regard, changing the crime of cyberstalking from a misdemeanor to a felony. A crime that required minimal jail time may now mandate up to five years in prison.
The move brings Florida’s law against stalking into the digital age, when inexpensive and widely available technology makes it easier than ever to track someone’s movements minute by minute without their knowledge.
Since 2021, Florida’s criminal courts have handled more than 150 cases involving unlawful trackers. According to a domestic violence shelter that serves Pinellas and Marion counties, women encounter hidden tracking devices all the time. It’s one of the main ways that abusers exert control over their victims.
The legislature passed the update to Florida’s stalking law unanimously and Gov. Ron DeSantis should be signing it soon. It would go into effect on October 1. The change from a misdemeanor to a felony is significant enough that it will require more jail beds and prison cells in Florida.
The new law would close a loophole. Currently, a person accused of using a device or app to track someone or their property without permission could escape consequences under the current law, as it only bans the installation of a tracking device.
Democratic Rep. Michele Rayner of St. Petersburg voted for the bill, stating that she had been illegally tracked by such a device. She wishes that the law was in place a long time ago.
Bluetooth trackers like Apple’s AirTags, Google’s Nest tags, and Tile devices work by transmitting a signal to nearby phones or tablets. This reports the tracker’s location for the owner and displays its moves in real time on a map. The trackers are easy to hide and can be placed in a purse, wallet, backpack, or suitcase. They are battery powered and can last as long as two years without needing the batteries replaced.
The new law allows police to use such tracking devices in criminal investigations. Parents, guardians, and caregivers can use them to track a child, elderly person, or disabled adult. Owners of vehicles can also use them to track their own cars or trucks.
Making cyberstalking a felony will speed up the process. Investigating such cases as felonies would allow law enforcement agencies to obtain search warrants from judges more easily. They will not have to rely on companies to turn over records under a subpoena.
Contact a Legal Professional for Help
Cyberstalking is a serious crime that is punished harshly. Florida is changing its laws to make the penalties even harsher.
Cyberstalking laws can be complex. A Florida computer & internet crime lawyer from the Law Offices of Gilbert A. Schaffnit can help you avoid felony charges. Fill out the online form or call (352) 505-1799 to schedule a consultation.
Source:
floridapolitics.com/archives/668204-florida-cracking-down-on-cyber-stalking-with-apple-airtags-other-hidden-tracking-devices/