Gaspard v. State

The appellant in this direct criminal appeal challenges his conviction of aggravated stalking after entry of a domestic violence injunction. He presented evidence at trial that he did not know that the injunction was in effect at the time of the alleged offense, and he argues on appeal that the trial court fundamentally erred by failing to instruct the jury that an element of the offense is knowledge by the accused that an injunction or other specified court order is in effect. Concluding that such knowledge is an element of the offense and that the trial court fundamentally erred in failing…