Florida Computer Crimes Laws

Florida Statutes Title XLVI. Crimes § 815.01

A person who willfully, knowingly, and without authorization does any of the following acts commits an offense against intellectual property:

1. Introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device.
2. Destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device.
3. Discloses or takes data, programs, or supporting documentation that is a trade secret or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device.

A person commits an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization:

1. Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized;
2. 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;
3. Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device;
4. Destroys, injures, or damages any computer, computer system, computer network, or electronic device;
5. Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or
6. 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.

Offenses Against Intellectual Property

• 3rd degree felony
• 2nd degree felony if offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property

Offenses Against Computer Users

• 3rd degree felony
• 2nd degree felony if perpetrator:
• • 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 service; 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.
• 1st degree felony 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.

• Authorization given by the owner of the computer, computer system, or computer network
• Lack of willful and knowing participation in the offense