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How to Pursue Criminal and Civil Charges for Online Harassment and Cyberstalking in Florida

By James Seidel | CC News Network

Pensacola, Fla. — In an era where online defamation, harassment, and cyberbullying are increasingly weaponized, many victims are unaware they have powerful tools under Florida law to fight back — including the ability to pursue both criminal charges and civil damages.

If you are being falsely accused online of serious misconduct — such as theft, fraud, or any serious violations — and harassed through repeated, malicious posts, Florida law provides several pathways for justice.

Here’s a breakdown of the key statutes and legal options available:

Florida Criminal Statutes That Apply

Florida Statute § 836.01 – Criminal Libel

Florida still has a criminal libel law on the books.
Under § 836.01, it is a first-degree misdemeanor to maliciously publish any false and defamatory statement that exposes another person to hatred, contempt, ridicule, or injures them professionally.

Penalty: Up to one year in jail and/or a $1,000 fine.
Key trigger:
False accusations of crimes, including theft, fraud, or sexual misconduct.

Florida Statute § 817.49 – False Reports to Law Enforcement

If someone knowingly makes a false criminal complaint or lies to law enforcement about your actions, they can be charged under § 817.49.

Penalty: First-degree misdemeanor.

Even if you are not actually on parole or probation, falsely claiming you committed a crime to authorities is a prosecutable offense.

Florida Statute § 784.048 – Cyberstalking and Harassment

Florida law criminalizes repeated malicious online conduct intended to harass or emotionally distress a person.

Penalty:
- First-degree misdemeanor for standard cyberstalking.
- Felony if threats are made.

Posting repeated false statements intended to shame, harm, or cause legal trouble can rise to criminal cyberstalking.

Civil Remedies: Defamation, Defamation Per Se, and Malicious Prosecution

In addition to criminal charges, victims of online defamation and harassment can file civil lawsuits for significant monetary damages.

Defamation Lawsuits

Under Florida law, a victim can sue for defamation if someone publicly makes false statements that damage their reputation.

Libel refers to written or broadcast defamation (social media posts, emails, online videos).
Slander refers to spoken false statements.

Victims can seek:

General damages (for emotional harm, reputational damage),
Special damages (for specific financial losses, such as lost jobs or business deals),
Punitive damages (to punish malicious conduct).

Defamation Per Se

In Florida, defamation per se means certain statements are automatically presumed to be damaging without needing to prove specific losses.
This includes:

False accusations of criminal conduct,
False accusations related to sexual misconduct,
Statements harming someone’s profession or business.

Key advantage:
If you are falsely accused of a crime or accused of dishonesty in your job, you do not have to prove financial harm — the court presumes damage occurred.

This greatly strengthens your civil lawsuit.

Malicious Prosecution

If false criminal complaints are filed against you and you later defeat them (for example, charges are dropped or dismissed), you may also sue for malicious prosecution.

To succeed, you must show:

The original case was resolved in your favor,
The accuser acted with malice,
There was no probable cause for the accusations.

Malicious prosecution cases allow for recovery of significant financial compensation for emotional distress, legal fees, and punitive damages.

What Victims Should Do Immediately

✅ Preserve Evidence:
Take screenshots, save web pages, and archive all posts and communications.

✅ Report Criminal Violations:
Contact local law enforcement — let’s say you are in Escambia County, Florida,, call the Escambia County Sheriff’s Office — and cite Florida statutes § 836.01, § 817.49, and § 784.048.

✅ Consult a Civil Attorney:
An attorney can help you file a defamation and malicious prosecution lawsuit, potentially recovering substantial financial damages.

✅ Send a Cease-and-Desist Letter:
Demand the individuals immediately stop defamatory conduct under threat of legal action.

✅ Report to Platforms:
File harassment reports with social media companies to remove the offending posts.

In short:
Florida law provides victims of online harassment strong tools to fight back, both criminally and civilly. False accusations of criminal conduct are not just unethical — they can be criminal acts and grounds for high-value lawsuits.

If you are a victim of online cyberbullying, defamation, or harassment, you have options — and you do not have to suffer in silence.

If you’ve been cyberbullied, defamed or harassed online, send us a tip so we can help you with it.