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florida.txt
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1998-03-25
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FLORIDA
TITLE: Computer-Related Crimes
DEFINITIONS: ñ 815.03. Definitions
As used in this chapter, unless the context clearly
indicates otherwise:
(1) "Intellectual property" means data, including programs.
(2) "Computer program" means an ordered set of data
representing coded instructions or statements that when
executed by a computer cause the computer to process data.
(3) "Computer" means an internally programmed, automatic
device that performs data processing.
(4) "Computer software" means a set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer system.
(5) "Computer system" means a set of related, connected or
unconnected, computer equipment, devices, or computer
software.
(6) "Computer network" means a set of related, remotely
connected devices and communication facilities including
more than one computer system with capability to transmit
data among them through communication facilities.
(7) "Computer system services" means providing a computer
system or computer network to perform useful work.
(8) "Property" means anything of value as defined in s.
812.011 and includes, but is not limited to, financial
instruments, information, including electronically produced
data and computer software and programs in either machine-
readable or human-readable form, and any other tangible or
intangible item of value.
(9) "Financial instrument" means any check, draft, money
order, certificate of deposit, letter of credit, bill of
exchange, credit card, or marketable security.
(10) "Access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make
use of any resources of a computer, computer system, or
computer network.
OFFENSES: ñ 815.04. Offenses against intellectual
property
ñ 815.05. Offenses against computer equipment or supplies
ñ 815.06. Offenses against computer users
ELEMENTS: ñ 815.04. Offenses against intellectual
property
(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) 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.
ñ 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 computer, computer system, or
computer network commits an offense against computer
equipment or supplies.
(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.
ñ 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.
PENALTIES: ñ 815.04. Offenses 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.
ñ 815.05. OffENSES against computer equipMENT or supplies
(1)(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, s. 775.083, or s.
775.084.
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)(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, s. 775.083, or s.
775.084.
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 $1000, 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
$1000 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.
ñ 815.06. OFFENSES 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.
VENUE: Not stated.
CIVIL REMEDY: No reference to civil remedy.
PURPOSE: ñ 815.02. LEGISLATIVE INTENT
The Legislature finds and declares that:
(1) Computer-related crime is a growing problem in
government as well as in the private sector.
(2) Computer-related crime occurs at great cost to the
public since losses for each incident of computer crime tend
to be far greater than the losses associated with each
incident of other white collar crime.
(3) The opportunities for computer-related crimes in
financial institutions, government programs, government
records, and other business enterprises through the
introduction of fraudulent records into a computer system,
the unauthorized use of computer facilities, the alteration
or destruction of computerized information or files, and the
stealing of financial instruments, data, and other assets
are great.
(4) While various forms of computer crime might possibly be
the subject of criminal charges based on other provisions of
law, it is appropriate and desirable that a supplemental and
additional statute be provided which proscribes various
forms of computer abuse.
MISCELLANEOUS: ñ 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.
CITATION: Fla. Stat. ññ 815.02 thru 815.07.
SOURCE: Laws 1978, c. 78-92, eff. Aug. 1, 1978.