Bowhntr6pt
Master
Most likely this is a one-time deal and you won't have any more issues. I sure hope so. If not, might consider the following, not a lawyer, just discussing possibilities to help your situation.
Florida has two basic types of Trespass Law and you should read up on the law so you know:
FSS 810.08- Trespass in structure or conveyance (buildings, houses, cars) and FSS 810.09- Trespass on property other than structure or conveyance (places other than buildings, houses, cars), generally meaning open fields, land, yards).
The kid initially walking onto your unfenced/unposted property/yard did not commit the offense of Trespassing per se. BUT... you can have him placed on Trespass Notice so if he does come back on your property he then commits the offense of Trespass. Trespass in general is a Misdemeanor, and unless observed by LE, must be deferred to the arrest warrant process. There is Felony Trespass that LE can arrest for when not observed and probable cause exists, see the law for details.
Florida also has a very useful Stalking/Harassment law if an Officer knows how to use it, I've used this law many times successfully for a variety of actions committed by one person directed towards another. Misdemeanor Stalking/Harassment is a Misdemeanor that LE can arrest for without a warrant.
FSS 784.048 Stalking; definitions; penalties- this law basically says a person who engages in any conduct, directed towards another person, which serves no legitimate purpose, and such conduct reasonably causes emotional distress, is HARASSMENT.
(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.
(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.
If the kid continues to take photographs, after being advised the conduct is unwanted and is causing distress, may very well violate this law regardless of where or why he is when taking said photographs.
Hope this helps.
Florida has two basic types of Trespass Law and you should read up on the law so you know:
FSS 810.08- Trespass in structure or conveyance (buildings, houses, cars) and FSS 810.09- Trespass on property other than structure or conveyance (places other than buildings, houses, cars), generally meaning open fields, land, yards).
The kid initially walking onto your unfenced/unposted property/yard did not commit the offense of Trespassing per se. BUT... you can have him placed on Trespass Notice so if he does come back on your property he then commits the offense of Trespass. Trespass in general is a Misdemeanor, and unless observed by LE, must be deferred to the arrest warrant process. There is Felony Trespass that LE can arrest for when not observed and probable cause exists, see the law for details.
Florida also has a very useful Stalking/Harassment law if an Officer knows how to use it, I've used this law many times successfully for a variety of actions committed by one person directed towards another. Misdemeanor Stalking/Harassment is a Misdemeanor that LE can arrest for without a warrant.
FSS 784.048 Stalking; definitions; penalties- this law basically says a person who engages in any conduct, directed towards another person, which serves no legitimate purpose, and such conduct reasonably causes emotional distress, is HARASSMENT.
(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.
(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.
If the kid continues to take photographs, after being advised the conduct is unwanted and is causing distress, may very well violate this law regardless of where or why he is when taking said photographs.
Hope this helps.
