In Florida, you can be criminally charged with computer trespassing if you willfully, knowingly, and without authorization access, alter, destroy, or interfere with data, programs, systems, or computer networks of someone else without their consent under Florida Statute 815.06.
Criminal Defense Attorney for Hernando County
If you are considering a qualified defense attorney, the Law Office of Ashley Aulls, P.A. can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL.
To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls for your computer theft or property crime charge, call (352) 593-4115 today.
Computer Trespassing Information Center
- What is Computer Trespassing?
- Penalties for Computer Trespassing
- Defenses for Computer Trespassing
- Additional Resources
What is Computer Trespassing?
In Florida, computer trespassing means getting into someone else’s computer, network, or system without their permission. This could be something like hacking, using a network you’re not allowed to, or accessing someone else’s private information without their knowledge. Some examples include:
1. Hacking into a School’s Computer System
- Scenario: A student hacks into the school’s grading system to change their grades or access confidential student information without authorization.
- Result: The student could be charged with computer trespassing since they accessed the school’s computer system without permission and altered important data.
2. Accessing a Company’s Network Without Permission
- Scenario: A former employee uses an old login or security loophole to access a company’s internal network to view sensitive files or disrupt operations.
- Result: Even if no harm is done, the unauthorized access itself is computer trespassing, and if confidential information is stolen or systems are damaged, the charges could escalate.
3. Using Someone’s Wi-Fi Without Permission
- Scenario: A person logs into a neighbor’s private Wi-Fi network without their permission to use the internet for free.
- Result: This would be considered computer trespassing because they are using a computer network they don’t have permission to access.
4. Phishing to Gain Unauthorized Access
- Scenario: A person sends a fake email that tricks the recipient into giving up their login credentials. The person then uses those credentials to access the recipient’s bank account or other personal data.
- Result: Using phishing to access someone’s personal accounts is a form of computer trespassing, especially when it leads to accessing restricted information.
5. Hacking a Government Website
- Scenario: A hacker gains unauthorized access to a Florida government website to change or steal data.
- Result: Accessing government computer systems without permission is a serious crime and is considered computer trespassing, which could lead to severe penalties, including felony charges.
6. Unauthorized Access to Medical Records
-
- Scenario: A person hacks into a healthcare provider’s computer system to view or steal patient medical records.
- Result: Accessing medical records without permission is illegal and could lead to both criminal charges and civil penalties for violating privacy laws.
Penalties for Computer Tresspassing
The penalties for computer trespass depend on the specific type and severity of the offense.
Offense: Accessing a Computer, System, or Network Without Authorization
- Definition: Unauthorized access to any computer, computer system, or computer network without permission.
- Penalty: It is a third-degree felony, punishable by:
- Up to 5 years in prison
- Up to 5 years of probation
- A fine of up to $5,000
Offense: Unauthorized Access with Intent to Defraud or Damage
- Definition: Unauthorized access to a computer, system, or network with the intent to commit fraud, cause harm, or damage the system.
- Penalty: This is classified as a second-degree felony, punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- A fine of up to $10,000
Offense: Interrupting or Impairing a Computer, System, or Network
- Definition: Intentionally disrupting or impairing a computer, computer system, or network’s operation (such as through hacking, denial-of-service attacks, etc.).
- Penalty: This is a second-degree felony, punishable by:
- Up to 15 years in prison
- Up to 15 years of probation
- A fine of up to $10,000
Offense: Accessing Public Utility or Critical Infrastructure Computers
-
- Definition: Unauthorized access to computers that control public utilities or critical infrastructure (like water, electricity, or transportation systems) without authorization.
- Penalty: This is a first-degree felony, punishable by:
- Up to 30 years in prison
- A fine of up to $10,000
Defenses Against Computer Trespassing
Lack of Intent
To convict someone of computer trespassing, the prosecution must prove that the defendant intentionally accessed the computer system or network without authorization. If the access was accidental or unintentional, this could be a strong defense.
- Example: A person accidentally accesses a restricted part of a system due to a technical error or misunderstanding, without realizing they didn’t have permission.
Authorization or Consent
One of the most common defenses is that the defendant had authorization or permission to access the computer or network. If they can show that they were given explicit or implied consent by the system owner or administrator, the charge may not hold.
- Example: An employee accesses their company’s network remotely, but there’s confusion over whether they had permission to access certain files or data.
Mistaken Identity
In cases where multiple users have access to the same network or system, it’s possible that the defendant was wrongfully accused. If someone else accessed the system and the defendant was mistakenly blamed, this could be a valid defense.
-
- Example: A hacker uses someone else’s IP address or login credentials to commit the crime, making it appear as though the defendant was responsible.
Additional Resources
- Florida Statute 815.06: Florida Statute defines computer trespassing as getting into someone’s computer or network without their knowledge or consent.
Criminal Defense Attorney for Hernando County
If you or a loved one has been charged with computer trespassing do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.