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- /* R FRINGE COMMENTARY- Here with go with the Florida Computer
- Crimes Act, Florida Statutes Chapter 815, F.S. 815.01, adopted in
- 1978. */
-
- SECTION 815.01 Short title.-- This provisions of this act shall
- be known, and may be cited as the "Florida Computer Crimes Act."
-
- SECTION 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 crime in business
- financial institutions, government programs, government records
- and other business enterprises through the introduction of
- fraudulent records into a computer system, the unauthorized use
- of computers, 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.
-
- SECTION 815.03 Definitions-- As used in this chapter, unless the
- context clearly requires 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.
- devices, data communication circuits, and operating system
- computer programs that make the system capable of performing data
- processing tasks;
-
- (6) "Computer network" means a set of related, remotely
- connected devices and communication facilities including more
- than one computer system with the 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.
-
- /* Therefore trivial or unneeded processing is not "computer
- system services! Egads. */
-
- (8) "Property" means anything of value as defined in s.
- 810.011, and includes, but is not limited to, financial
- instruments, information, including electronically produced data,
- computer software and programs, in either machine-readable or
- human-readable form, and any 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 or intercept data from, or otherwise make
- use of any resources of, a computer, computer system, or computer
- network.
-
- SECTION 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. 810.081 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.
-
- SECTION 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 and 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, 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)(a) Whoever willfully, knowingly, and without
- authorization destroys, takes, injures, or a damages equipment or
- supplies used or intended to be used in a computer, computer
- system, or computer network, commits and 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, 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 $ 1,000, then the offender is guilty of a
- felony of the third degree, punishable as is 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.
-
- SECTION 815.06. Offenses against computer users. --
-
- (1) Whoever willfully, knowingly and without authorization
- access 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 an scheme or artifice to defraud or to obtain an
- property, then the offender is guilty of a felony in the second
- degree, punishable as provided in s. 775.082, s. 775.083, or s.
- 775.084.
-
- SECTION 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.
-
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