Technology is growing at a rapid rate in the State of Florida, and more and more people are using computers and accessing the internet. However, the number of criminal offenses, also known as ‘cybercrime,’ is also growing at a rapid speed.
An offense against computer users can result in receiving a state or federal charge, which impose harsh punishments on the offender in question. The penalties may include facing a lengthy prison sentence and receiving a large fine. In most computer offense cases, the individual will usually be confronted with criminal charges, even if they didn’t intend to break the law or harm other individuals. Innocent individuals who have been victims of identity theft or computer hacking can also be accused of committing illegal internet acts.
If you are being charged with committing an offense against computer users, then you will need a skilled Clearwater criminal defense attorney to handle your case. At The Law Place, we have over seventy-five years of collective experience when it comes to managing internet crimes and helping clients in Clearwater and across the State of Florida to beat their offense against computer user charges. We understand the seriousness of your situation, and we want to be the ones to help you get through. Our law firm highly values an honest attorney-client relationship, so you can feel comfortable to speak your mind and ask the questions that are important to you.
If you wish to receive the best legal advice, then get in touch with a knowledgeable criminal defense attorney from our law firm today. The Law Place can offer you a free consultation, where we will listen to what you have to say and give you honest, unbiased advice on the smartest move to make in your current situation. Contact us now at (941) 444-4444, and we will fight your offense against computer user charges together.
Types of Computer Offenses in Clearwater, Florida
Offenses Against Computer Users in Clearwater, FL.
Florida Statute 815.06, also known as the ‘Florida Computer Crimes Act,’ outlines offenses against users of computers, computer systems, computer networks, and electronic devices. There are various Florida criminal computer acts that are recognized as being illegal under state law, and offenses are not always committed by online hackers. The list of computer offenses is specified further in the Florida Computer Crimes Act.
An individual accused of a computer crime can be charged if they willfully, knowingly, and without authorization committed any of the following:
- “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.”
- “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.”
An individual who commits a computer crime as above can be classed as a third-degree felony. The penalties include facing up to five years in prison and receiving a fine of up to $5,000.
However, computer crime can be recognized as a second-degree felony if the accused individual has committed the following:
- “Damaged a computer, computer equipment or supplies, a computer system, or a computer network, and the damage or loss was at least $5,000.”
- “Committed the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property.”
- “Interrupted or impaired a governmental operation or public communication, transportation, or supply of water, gas, or another public service.”
- “Intentionally interrupted the transmittal of data to or from, or gained unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit.”
The penalties for a second-degree felony include facing up to fifteen years in prison and receiving a fine of up to $10,000.
However, the charge can quickly escalate to a first-degree felony if any of the above actions caused danger to another individual or created disruption to a computer, computer system, computer network, or other electronic devices that had repercussions on medical equipment and tools used in direct management of medical care or treatment of an individual. The penalties include facing up to thirty years in prison and receiving a fine of up to $10,000.
Offenses Against Intellectual Property in Clearwater, FL.
Florida Statue 815.04 outlines the specifics of committing a computer crime against intellectual property and public records exemption. An individual being accused of a computer crime against intellectual property can be charged if the accused individual willfully, knowingly, and without authorization commits the following:
- “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 commits an offense against intellectual property.”
- “Destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.”
- ”Discloses or takes data, programs, or supporting documentation that is defined as 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 commits an offense against intellectual property.”
If an individual is charged with an offense against intellectual property, it is a third-degree felony. The penalties include facing up to five years in prison and receiving a fine of up to $5,000. However, if the offense was “committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property,” then the crime will be classed as a second-degree felony. The penalties include facing up to fifteen years in prison and receiving a fine of up to $10,000.
Offenses Against Public Utilities in Clearwater, FL.
Florida Statue 815.061 discusses cyber crimes against public utilities in the state.
An individual being accused of a computer crime against public utilities can be charged if the accused individual willfully, knowingly, and without authorization commits the following:
- “Gains access to a computer, computer system, computer network, or an electronic device owned, operated, or used by a public utility while knowing that such access is unauthorized.”
This type of offense is classed as a third-degree felony, and the penalties include facing up to five years in prison and receiving a fine of up to $5,000.
However, in the event than an individual willfully, knowingly, and without authorization:
- “Physically tampers with, inserts a computer contaminant into, or otherwise transmits commands or electronic communications to a computer, computer system, computer network, or electronic device that causes a disruption in any service delivered by a public utility.”
This specific offense is classed as a second-degree felony, and the penalties include facing up to fifteen years in prison and receiving a fine of up to $10,000.
For a free legal consultation with a offense against computer users lawyer serving Clearwater, call 941-444-4444
Federal Computer Crimes in Clearwater, Florida
The federal government prosecutes cyber-crimes that violate the Computer Fraud and Abuse Act (CFAA). The CFFA recognizes that almost every computer or mobile phone “is used in or affecting interstate or foreign commerce or communication,” which means that they fall under the administration of the CFFA.
Title 18 U.S. Code § 1030 demonstrates seven types of federal offenses that include the listed penalties below:
- Computer espionage –Penalties for a first offense include facing up to ten years in prison. Penalties for a second or subsequent offense include facing up to twenty years in prison. Individuals facing this charge will receive a fine of up to $250,000, and organizations will face a fine of up to $500,000 in the United States.
- Obtaining information by unauthorized computer access – A first-tier violation includes penalties such as spending up to one year in prison and receiving a fine of up to $100,000, and up to a $200,000 fine for organizations. A second-tier violation is an offense committed under the premise of achieving private financial gain or commercial advantage or was committed in promotion of a criminal act that violates the Constitution or the laws in any state of the United States, or in the event that the value of the obtained information is more than $5,000. The penalties for a criminal act of this nature is punishable by up to five years in prison and receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations. A third-tier violation is for repeat offenders, and the penalties include facing up to ten years in prison and receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations.
- Trespassing in government cyberspace –Penalties of spending up to one year in prison and receiving a fine of up to $100,000 for individuals and a fine of up to $200,000 for organizations for a first offense. A second or subsequent violation of this nature include penalties of spending up to ten years in prison and receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations.
- Computer fraud – First offense penalties of spending up to five years in prison. For a second or subsequent offense, the prison time is extended to ten years, and the fine consists of $250,000 for individuals and up to $500,000 for organizations in the United States.
- Causing computer damage –This violation has an extensive list of penalties, depending on if the individual who is being accused of this crime intentionally, recklessly, or negligently caused damage by deliberate access. The penalties tend to span between spending up to one year in prison and receiving a fine of up to $100,000 for individuals, and a fine of up to $200,000 for organizations, to spending up to twenty years in prison and receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations.
- Trafficking in computer access –First offense penalties include spending up to one year in prison and receiving a fine of up to $100,000 for individuals and a fine of up to $200,000 for organizations. A second or subsequent offense includes the penalties of spending up to ten years in prison and receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations.
- Extortionate threats –First offense penalties include up to five years in prison or up to ten years in prison for a second and subsequent offense. In addition to receiving a fine of up to $250,000 for individuals and a fine of up to $500,000 for organizations.
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Breakdown of Offenses Against Computer Users in Clearwater, Florida
If you have committed an offense against computer users in the State of Florida, then it is possible that you could be charged as a result of doing the following:
- You caused a disruption to the transmission of data to or from an authorized user of a computer, computer system, computer network, or other electronic devices.
- You were not authorized to access a computer or computer system, and you were fully aware that you were not given permission to access the computer, computer system, computer network, or other electronic devices.
- You stopped the transmission of data to or from a computer, computer system, computer network, or other electronic devices.
- You caused damage or took equipment or supplies that were to be used in the computer, computer system, computer network, or other electronic devices.
- You caused damage or took a computer, computer system, computer network, or other electronic devices that were not in your possession to begin with.
- You launched contamination or a virus onto a computer, computer system, computer network, or other electronic devices.
- You spied on another person by accessing the video or audio files on the person’s computer, computer system, computer network, or other electronic devices.
The above list of offenses against computer users can all be charged as third-degree felonies.
However, it could possibly be escalated to a second-degree felony if the following ensues:
- The damages you caused to the computer, computer system, equipment, or supplies reached a minimum of at least $5,000.
- The damages you caused to the computer were done with the intent of carrying out a scheme to defraud another person or to gain access to their intellectual property.
- You caused disruption or impaired a government opportunity, or ended up destroying public communications, public transport, or other public services.
If your offense imposed any sense of danger to another individual or caused disruption to a computer, computer system, computer network, or other electronic devices that directly affected medical equipment which is used to offer medical treatment to another person, then this could be charged as a first-degree felony in the State of Florida.
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Penalties Associated With Offenses Against Computer Users in Clearwater, Florida
If you are facing criminal charges for an offense against computer users, then your exact penalties will ultimately depend on the circumstances of your crime. As a basic outline to help you understand the range of penalties, the following may apply depending on your charge:
- In the event that you are convicted of a third-degree felony, then you could be facing penalties such as spending up to five years in prison and receiving a fine of up to $5,000.
- In the event that you are convicted of a second-degree felony, then you could be facing penalties such as spending up to fifteen years in prison and receiving a fine of up to $10,000.
- In the event that you are convicted of a first-degree felony, then you could be facing penalties such as spending up to thirty years in prison and receiving a fine of up to $10,000.
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Defenses to Offenses Against Computer Users in Clearwater, Florida
An offense against computer users is extremely serious in the State of Florida. It is essential that you hire the skills of a Clearwater criminal defense attorney from The Law Place. Our team of skilled lawyers has years of experience when it comes to fighting cybercrime cases, and we can prepare the best possible defense to take into court with you. The two key defenses against a computer crime include:
- Authorization – If another person has given you the authorization to own the computer program or network, then a skilled lawyer can argue on your behalf that it was not an unlawful act. It is worth noting that documents and evidence of communication are vital to your case, as the rights to a computer and the access that it is granted can be difficult to prove. Sometimes even verbal agreements and permission to access are important, and a skilled lawyer can use this information to build a strong defense.
- Lack of knowledge – If you lack awareness of your participation in a cybercrime, then this can work as a defense against your charges. For example, if you were in the middle of doing work for your boss under your lawful employment, or you were doing something on behalf of a friend, and it led to an unlawful act of cybercrime activity, then you can make the argument that you lacked knowledge of what they were asking you to do. However, it is worth noting that simply lacking awareness can be hard to argue in front of the court, which is why you need a skilled attorney to work through the facts and build a strong case. A crucial aspect of this kind of defense is establishing the meaning and role of your participation in the act and what you personally assumed you would be doing. In order to effectively use this defense, you might need to turn in your boss or your friend and testify against them in court.
Contact The Law Place
If you have been charged with committing an offense against computer users in the State of Florida, then you will likely be at a loss for what to do next. We strongly advise that you reach out and contact a professional criminal defense attorney from The Law Place who can step in to help your case as soon as possible. The sooner that you seek representation from our reputable law firm, the faster we can get to work your case.
With over seventy-five years of combined experience, The Law Place has managed hundreds of cases concerning offenses against computer users, and we have helped countless clients to beat their charges. Our law firm has the necessary knowledge and experience when it comes to cybercrimes, and our team of skilled criminal defense attorneys know how to defend you in the courtroom.
If you are looking for the best legal advice out there, then call us today for a free consultation. During our phone call, we will discuss the facts and details of your case and offer you honest advice to help you in your current situation.
Rest assured that our law firm will work hard to reduce the charges you are facing and bring your case to a reasonable outcome. Contact us now at (941) 444-4444 for a free consultation, and we will fight your charges of an offense against computer users in Clearwater together.
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