Free Speech Or Cyberstalking?
BY: ANDREW COLTON | Editor and Publisher
BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2025 MetroDesk Media, LLC) — An arrest report filed by a Boca Raton Police Officer is raising questions about the department’s use of “Marsy’s Law” to charge a private citizen with a criminal offense. Police Officer Timothy Alves Almeida filed the report on March 6th while arresting Christopher Kenneth Kapcha. Kapcha is charged with stalking.
In the report, Officer Almedia claims that Kapcha violated “Marsy’s Law” when he allegedly posted his ex-girlfriend’s name, address, phone number, drivers license, and more on YouTube. The post came just hours after Kapcha entered a guilty plea to domestic battery involving the woman. Adjudication was withheld by a Palm Beach County judge. We are not identifying the woman.
In the arrest report, Officer Almeida wrote, “It should be noted that (the victim) is listed as the victim of domestic battery (and) invoked her right to confidentiality under Florida’s Marsy’s Law — Article 1 — which ensures her ‘the right to prevent disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.”
Marsy’s law, however, wasn’t enacted to curb free speech of the general public — and it was largely struck down by the Florida Supreme Court in 2023. What remains of the law is a mechanism for law enforcement and courts to redact addresses, social security numbers, drivers license numbers, and similar information from public reports. It does not prevent the general public from sharing information as public speech — regardless of how deplorable the speech may be.
Marc Freeman, spokesperson for Palm Beach County State Attorney Alexcia Cox, said he couldn’t comment directly on the case, but offered this interpretation of Marsy’s Law:
“It is commonly known that the law provides protection for crime victims, ensuring their rights in the criminal justice process. As such the law applies to entities such as law enforcement officers, prosecutors, and the courts.”
Noted Boca Raton Criminal Defense Attorney Guy Frontin said the arrest report language is unique, but not necessarily unprecedented.
“I have never seen someone charged with a violation of Marsy’s Law but know that is been the basis of criminal charges before,” Frontin said. “This defendant was “arrested” for stalking (cyberstalking) and several of his actions one of which is a violation of Marsy’s law support the arrest for stalking. Within 30 days of arrest The State Attorney will file formal “charges” against the defendant.”
Despite the language citing Marsy’s Law in the police report, a Boca Raton Police Department spokesperson issued this statement to BocaNewsNow.com: “Probable cause was established based on the definition of stalking. A private citizen was not charged with violating Marsy’s Law.”
Marsy’s Law has been an issue for Florida police departments since it was enacted in 2018. Police Departments, including the Boca Raton Police Department, used Marsy’s Law as a reason to withhold the name of officers involved in shootings. They argued that officers were “victims of crime” and therefore their names couldn’t be released. The Florida Supreme Court, in a case involving the Tallahassee Police Department, said that argument is absurd when it ripped apart the law in 2023. Here is the Florida Supreme Court opinion:
“To determine whether the officers’ names can be released, we have been asked three questions: First, can police officers acting in an official capacity be Marsy’s Law “victims”? Second, does Marsy’s Law require the commencement of a criminal proceeding to take effect? And third, does Marsy’s Law contain a right for victims to remain anonymous? We need only answer the third question to resolve this case: Marsy’s Law guarantees to no victim—police officer or otherwise— the categorical right to withhold his or her name from disclosure. No such right is enumerated in the text of article I, section 16(b) of the Florida Constitution. Nor, as a matter of structure, would such a right readily fit with two other guarantees contained in article I: the right expressed in section 16(a) of the criminally accused “to confront at trial adverse witnesses,” and the right found in section 24(a) of every person to inspect or copy public records. We decide only what Marsy’s Law says and does not say; we do not pass upon the validity of any statutory right of certain persons, in certain situations, to withhold their identities from disclosure.”
While a judge did determine that probable cause existed for the case to continue against Christopher Kapcha, prosecutors had not moved forward with the case as of 6 p.m. Tuesday, March 11th, 2025. It was unclear if the charging document will be amended to include other alleged examples of harassment and stalking that are not a part of the alleged “Marsy’s Law” violation.
