Cyber Crime Lawyer in St. Petersburg

Florida Computer Crime Charges Under Chapter 815

Florida’s principal computer crime law is the Florida Computer Crimes Act. It addresses conduct involving computers, networks, electronic devices, data, programs, and intellectual property. The exact charge depends on the alleged conduct and the statutory provision authorities claim was violated.

Offenses Involving Computer Systems

Section 815.06 covers conduct such as unauthorized computer access, disrupted data transmission, damaged equipment, and the introduction of a computer contaminant. A computer contaminant is code or a set of instructions designed to alter, damage, destroy, record, or transmit information without authorization. The statute also addresses certain forms of unauthorized device-based audio or video surveillance.

Unauthorized modification of equipment or supplies used with a computer, computer system, network, or electronic device is a first-degree misdemeanor under subsection 815.06(4). A violation of subsection 815.06(2) is generally a third-degree felony. It can rise to a second-degree felony under specified aggravating circumstances, including at least $5,000 in damage or conduct intended to defraud or obtain property.

Offenses Against Intellectual Property

Section 815.04 addresses offenses involving data, programs, and trade secrets. Prohibited conduct can include taking, disclosing, destroying, or modifying protected material without authorization. It can also include making that material unavailable or introducing a computer contaminant without authorization.

A conviction under the act can have consequences beyond the criminal case. The owner or lessee of an affected computer system, network, data, or related property may also pursue a civil action for compensatory damages.

Cyberstalking & Related Digital Allegations

Cyberstalking is governed by Florida’s stalking statute, section 784.048, rather than the Florida Computer Crimes Act. Florida law defines it to include a course of electronic communications directed at a specific person, or unauthorized access to that person’s online account, that causes substantial emotional distress and serves no legitimate purpose.

Cyberstalking is generally a first-degree misdemeanor. Aggravated stalking can be charged as a third-degree felony when the alleged conduct involves a credible threat, violates an injunction, or targets a child younger than 16.

The governing law determines the potential charges and procedures. Evaluating a case begins with identifying what authorities allege occurred, what evidence they possess, and how they obtained it.