Florida Statutes, Section 815.06, describes the crime of Offenses Against Computer Users as a person who willfully, knowingly and without permission accesses a computer, or a person who willfully, knowingly and without permission denies, or causes the denial of computer system services to an authorized user of the computer. The person denied services, or the person whose computer is accessed without permission must own, or operate for or on behalf of another person. Practically speaking, if you are charged with Offenses Against Computer Users, you could have done one of the following:
- You disrupted the transmission of data to or from an authorized user of a computer (or computer system, network or electronic device);
- You accessed a computer or computer system you were not authorized to access, and you knew you were not authorized to access the computer (or the computer system, network or electronic device);
- You halted the transmission of data to or from a computer (or computer system, network or electronic device);
- You damaged or took equipment or supplies which were to be used in a computer (or computer system, network or electronic device);
- You damaged or took a computer (or a computer system, network or electronic device);
- You introduced contamination (such as a computer virus) into a computer, or a computer system, network or electronic device, or
- You surveilled a person by accessing the audio or video components of the person’s computer, (or a computer system, network or electronic device).
All the above actions are charged as a third-degree felony, however a second-degree felony can be charged if:
- The damages to the computer, system, supplies or equipment is at least $5,000;
- You damaged the computer or committed the offense with the intent of executing a scheme to defraud another person or to obtain property, or
- You disrupted or destroyed public communications, public transportation, the supply of water, gas or other public services, or you interrupted or impaired any governmental opportunity.
You could be charged with a first-degree felony if your offense against a computer user endangered a human life or disrupted a computer, computer system, network or electronic device which directly affected medical equipment used to administer medical care to another person.
Penalties Associated with Offenses Against Computer Users
Your exact penalties, should you be convicted of the crime of Offenses Against Computer Users, will depend on the exact circumstances of your crime, however the following penalties apply:
- If you are convicted of a third-degree felony as described above for Offenses Against Computer Users, you could face up to five years in prison, and could be fined as much as $5,000;
- If you are convicted of a second-degree felony as described above for Offenses Against Computer Users, you could face up to fifteen years in prison and could be fined as much as $10,000, and
- If you are convicted of a first-degree felony as described above for Offenses Against Computer Users, you could face up to thirty years in prison, and could be fined as much as $10,000.
Potential Defenses to Offenses Against Computer Users
If you have been charged with Offenses Against Computer Users in the state of Florida, your defense will depend on the circumstances surrounding your crime, however the following defenses could possibly be used in your case:
- You were acting within the scope of your lawful employment;
- You were performing an action authorized by the security operations of the government or a business, or
- You were acting pursuant to a search warrant as authorized under the law.
If you have been charged with Offenses Against Computer Users, it is extremely important that you contact an experienced Florida criminal defense attorney from The Law Place. We have defended people in your position many times, and we understand what is at stake for you. Our goal will be to work for a resolution to your charges which brings the least amount of short and long-term penalties and consequences. Contact The Law Place today at 941-444-4444.