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Unlawful Use of Two-Way Communications Device

Under Section 934.215, Fla. Stat., the crime of unlawfully using a two-way communication device requires proof that the use was for the purpose of facilitating or furthering the commission of a felony. Many of these cases involve sexually motivated crimes, particularly those involving meeting a person who is later sexually assaulted.

Because of the difficulty in proving the underlying crime, officers in elaborate sting operations often build evidence using a cell phone or computer in order to make an arrest for this offense.

Attorney for Communications Device Crimes in Tampa, FL

If you were charged with the crime of using a communication device to facilitate the commission of a felony offense, including a sex crime, then contact the experienced attorneys at Sammis Law Firm. Our main office is located in downtown Tampa, FL. We also have a second office in New Port Richey, FL.

Our criminal defense attorneys represent clients on a variety of sex crimes in Tampa, FL, and the surrounding areas throughout Tampa Bay. Contact us to find out more about the charges pending against you, the typical penalties for that offense, and ways to aggressively fight the charges.

Call 813-250-0500.

Elements of Using a Two-Way Device for Communications

The standard jury instructions for the UNLAWFUL USE OF A TWO-WAY COMMUNICATIONS DEVICE are found in Chapter 29.26. The standard jury instructions were adopted in 2017.

Those standard jury instructions for crimes charged under § 934.215, Fla. Stat., provide that in order to prove the crime of Unlawful Use of a Two-Way Communications Device, the State must prove the following two elements beyond a reasonable doubt:

  1. (Defendant) used a two-way communications device.
  2. [He] [She] did so for the purpose of facilitating or furthering the commission of a felony.

If applicable, the jury is also told that the “Court instructs you that (name of felony) is a felony.” As explained by the standard jury instructions, if there is a dispute about whether the defendant was facilitating or furthering the commission of a felony as opposed to a misdemeanor, the court might consider instructing jurors on the elements of the felony.

The Court might also instruct the jury that the term “two-way communications device” includes, but is not limited to a portable two-way wireless device,” although as of November 2016, there was no definition in the statutes or case law for “two-way communications device.”

This article was last updated on Tuesday, September 3, 2019. 

 

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