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Florida Computer Crimes Act

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815.04. Offenses against intellectual property; public records exemption

(1) Whoever willfully, knowingly, and without authorization modifies data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.

(2) Whoever willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.

(3)(a) Data, programs, or supporting documentation which is a trade secret as defined in s. 812.081 which resides or exists internal or external to a computer, computer system, or computer network which is held by an agency as defined in chapter 119 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.14.

(b) Whoever willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation which 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, or computer network commits an offense against intellectual property.

(4)(a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Notes of Decisions

1. Validity: Statute criminalizing modification of intellectual property was not unconstitutionally vague for failing to define statutory terms "modifies" and "data"; terms at issue had common meanings and ordinary person would know what statute forbade. Newberger v. State, App. 2 Dist., 641 So.2d 419 (1994).

2. Sufficiency of evidence: Evidence that defendant used existing computer function during his work as new credit analyst to bypass credit bureau in approving credit card application did not support defendant's convictions for modifying intellectual property; defendant's keystrokes and record left indicating defendant's use of bypass function were not sufficient modification to system to bring defendant within ambit of offense. Newberger v. State, App. 2 Dist., 641 So.2d 419 (1994).

815.05. Offenses against computer equipment or supplies.

(1)(a) Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a&127; computer, computer system, or computer network commits an offense against computer equipment or supplies.

(b)1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Whoever willfully, knowingly, and without authorization destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization destroys, injures, or damages any computer, computer system, or computer network commits an offense against computer equipment or supplies.

(b)1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is greater than $200 but less than $1,000, then the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $1,000 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public service, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

815.06. Offenses against computer users

(1) Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another commits an offense against computer users.

(2)(a) Except as provided in this subsection, an offense against computer users is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the offense is committed for the purposes of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

815.07. This chapter not exclusive

The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future apply to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter.