Computer and Cyber Crimes in Florida

To defend a person charged with a computer crime, the criminal defense attorney must understand dramatic changes in technology affecting the nature of the cybercrime and the prosecutor’s approach to prosecuting the case.

Unlike traditional street crime, computer crimes use highly sophisticated technology with the anonymity of cyberspace. Detectives use cutting-edge technology to investigate computer crimes.

At Sammis Law Firm, we know how to address the ever-changing nature of accusations involving crime crimes and hacking, especially those crimes involving technology and identity theft.

The most commonly prosecuted cybercrimes and cyber-enabled crimes in the United States include money laundering, identity theft, business email compromise, ransomware, and network intrusion. Many of these cases involve the seizure of U.S. Currency, cryptocurrency, or other valuable property for forfeiture.

Special Agents with federal agencies, including Homeland Security Investigations (HSI), investigate the most serious transnational cybercrimes. Federal agents also work with state and local law enforcement officers. Those investigations often target criminal organizations that exploit the global infrastructure moving international finance, travel, and trade.

Cyber crimes are also prosecuted under Florida law in state court. In those cases, local law enforcement agencies investigate internet, computer, and hacking crimes that impact the public and private sectors.

For the most commonly prosecuted computer crimes, the Florida legislature created statutes to specifically prohibit the crime committed on a computer. Florida Statutes, Title XLVI, Chapter 815, known as the “Florida Computer Crimes Act,” contains recently created computer-related crimes.

Attorney for Computer Crimes / Hacking in Tampa, FL

In Florida, computer-related crime is a growing problem in government and the private sector. The damages in these cases can be very high because the losses for each computer crime incident tend to be far greater than the losses associated with other types of white-collar crimes.

Opportunities for computer-related crimes arise through hacking, introducing fraudulent records into a computer system, unauthorized use of computer facilities, alteration or destruction of computerized information or files, and stealing financial instruments, data, and other assets.

If you are being investigated for a computer crime prosecuted under the Florida Computer Crimes Act, contact an experienced criminal defense attorney at the Sammis Law Firm in Tampa, FL.

Call (813) 250-0500 today.

Definitions in Florida’s Computer Crime Cases

Florida law defines many terms used in the statutes prohibiting computer crimes. For instance, under Florida Statute 815.03(2), a “computer” is an internally programmed, automatic device that performs data processing.

The term “computer network” is defined as a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities.

Examples of Computer Crimes Prosecuted in Florida

At the federal level, Title 18, United States Code, Sections 1956(c)(7) and 1961(1) define specified unlawful activity to include:

1. Computer hacking, in violation of Title 18, United States Code, Section 1030, and
2. Conspiracy to commit computer hacking.

At the state level, the most serious computer crimes for hacking include:

• ORGANIZED FRAUD OVER $50,000 (FRAU7000)
• COMMUNICATIONS FRAUD OVER $300 DOLLARS (FRAU7150)
• FRAUDULENT USE OF PERSONAL INFORMATION OVER $100,000 OR 30 OR MORE VICTIMS (FRAU1192)
• FRAUDULENT USE OF PERSONAL INFORMATION (FRAU1171)
• ACCESS COMPUTER/ELECTRONIC DEVICE WITHOUT AUTHORITY ($5,000 OR MORE IN DAMAGE) (THEF2560)
• COMMUNICATIONS FRAUD OVER $300 DOLLARS (FRAU7150)
• FRAUDULENT USE OF PERSONAL INFORMATION (FRAU1171)

The most commonly prosecuted violations of Florida’s Computer Crimes Act include:

• Unauthorized access of another user’s account, which is charged as a felony;
• Unauthorized modification, deletion, or copying of files or programs is charged as a felony; and
• Unauthorized modification or damage to computer equipment is a misdemeanor unless the damage exceeds $200, at which point it becomes a felony.

Other types of crimes in Florida that involve the use of a computer, computer program, or electronic device include:

• 784.048: Cyberstalking Chapter
• 810.145: Video Voyeurism
• 815.06: Offenses against computer users
• 817.034: Florida Communications Fraud Act
• 817.568: Criminal use of personal identification information
• 847.0135: Computer Pornography
• 847.0137: Transmission of pornography by electronic device or equipment prohibited
• 847.0138: Transmission of materials harmful to minors to a minor by electronic device or equipment prohibited
• 847.0139: Immunity from civil liability for reporting child pornography, transmission of child pornography, or any image, information, or data harmful to minors to a minor in this state
• 847.0141: Sexting
• 836.05 Extortion

Crimes Involving Intellectual Property in Florida

Florida Statute Section 815.04 prohibits certain offenses involving intellectual property and provides a public records exemption for certain types of intellectual property.

Any offense against intellectual property is a felony of the third degree, punishable by up to five years in Florida State Prison and a $5,000 fine. The crime can be charged as a felony in the second degree if the offense is committed to devise or execute any scheme or artifice to defraud or to obtain any property.

Section one of the statute prohibits a person from committing an offense against intellectual property by willfully, knowingly, and without authorization introducing a computer contaminant or modifying or rendering unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device.

Section two of the statute prohibits a person from committing an offense against intellectual property by willfully, knowingly, and without authorization destroying data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device.

Section four of the statute prohibits a person from committing an offense against intellectual property when the person who willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation that is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device.

Crimes Against Users of Computers and Computer Systems

Florida Statute Section 815.06(2) prohibits a person from committing an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization:

• Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized;

• Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device, which, in whole or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;

• Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device;

• Destroys, injures, or damages any computer, computer system, computer network, or electronic device;

• Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or

• Engages in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party.

This computer crime is charged as a felony in the third degree, punishable by up to five years in Florida State Prison. The offense can be charged as a second-degree felony if the violation also:

• Damages a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss is at least $5,000;
• Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property;
• Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public services; or
• Intentionally interrupts the transmittal of data to or from, or gains unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit, as defined in s. 341.031.

The offense can be charged as a felony of the first degree if the violation:

• Endangers human life; or
• Disrupts a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person.

Under section four, a person can be charged with a misdemeanor in the first degree if the person willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device.

Section seven lists several exceptions to these computer crime provisions, including an exception for any person who:

• Acts pursuant to a search warrant or an exception to a search warrant authorized by law;
• Acts within the scope of his or her lawful employment; or
• Performs authorized security operations of a government or business.

Additional Resources

Florida Computer Crime Act – Find the penalties and punishments for a criminal violation of The Florida Computer Crime Act and Section 815.06, Florida Statutes. A violation of section 815.06, Florida Statutes, is punishable as a felony, and any computer, computer system, computer network, computer software, or computer data owned by a violator that is used during the commission of any violation of section 815.06, Florida Statutes, is subject to forfeiture.

This article was last updated on Friday, November 1, 2024.