Computer theft laws in Florida primarily address crimes involving the unlawful access, use, or theft of data from computer systems. These charges typically stem from current or former employees accessing company resources, or students hacking into their schools’ systems. However, these charges can also arise from misunderstanding or retaliation from former employers.
Hernando County Computer Theft Attorneys
If you or a loved one have been charged with computer theft in Hernando County, then you need to contact the expert attorneys at Ashley Aulls, PLC.
It’s important to act quickly.
Criminal defense attorney Ashely Aulls serves clients in communities throughout Hernando County, Citrus County, Sumter County, and Pasco County, Florida.
Schedule a consultation by calling (352) 593-4115.
- Computer Theft in Florida
- Penalties for Computer Theft in Florida
- Common Defenses
- Additional Resources
- Hire a Computer Theft Attorney in Hernando County
Computer Theft in Florida
Computer theft is covered under Florida Statutes § 815.04, which addresses offenses related to computer systems and electronic devices, as well as offenses against “intellectual property.” These laws are designed to protect both individuals and organizations from unauthorized access and misuse of their digital information.
In the context of Florida law, computer theft involves the unauthorized access to, acquisition, or use of data or programs stored on a computer system or electronic device. This can include stealing data, using someone else’s computer without permission, or distributing stolen data. Under the same subsection, this also includes the introduction of viruses or other programs to destroy another person’s information.
Penalties
The penalties for computer theft and related crimes in Florida vary depending on the severity of the offense and the value of the stolen data or property:
Unauthorized Access
Unauthorized access to a computer or electronic device, where there is no significant harm or theft involved, is generally classified as a third-degree felony. Conviction can result in up to 5 years in prison, a fine of up to $5,000, or both.
Computer and Data Theft
The theft of data or unauthorized use of a computer system is often classified as a third-degree felony if the value of the stolen data or the damage caused is relatively low. This can lead to imprisonment for up to 5 years and fines up to $5,000.
If the theft involves significant damage or the value of the stolen data is substantial, the offense may be classified as a second-degree felony, punishable by up to 15 years in prison and fines up to $10,000.
Aggravated Penalties
If, in the course of the theft, a virus is introduced which disrupts certain necessary services like hospitals, government services or airlines, then you may be responsible for a first-degree felony, punishable by up to 30 years in prison and fines up to $10,000.
Common Defenses
These cases rely on two key aspects: evidence and motive. The prosecution must prove that you did access the effected computer, which is typically achieved via digital forensics, and that you intended to (or were criminally negligent in) remove or destroy critical data.
We’ve compiled a few of the most common defenses your attorney may employ below.
Lack of Intent
Your attorney might argue that you did not have the intent to commit theft or fraud. For example, if you accessed the computer system accidentally or without the intent to steal data, this could be a valid defense. If you accidentally deleted critical information on a company computer, higher ups may begin pointing fingers. However, we may be able to prove that you did not intend to injure the company.
Authorization
You may need to prove that you had access to the computer system or data. If you did, you may not be eligible to be charged with theft. This defense is particularly relevant in cases where access rights are disputed.
Lack of Evidence:
Your attorney may seek to prove that you did could not have committed the offense. This may occur if your login credentials were used to access the computer, but by another person
Additional Resources
Hernando County hacked – Hernando County was recently hacked, with public data stolen by malicious actors. The majority of services were left untouched, but divisions like the planning department were forced to work by hand until services were fully restored.
Hire a Computer Theft Attorney in Hernando County
Criminal defense attorney Ashely Aulls serves clients in communities throughout Hernando County, Citrus County, Sumter County, and Pasco County, Florida.
Schedule a consultation by calling (352) 593-4115.