Florida Statute 815.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 815
COMPUTER-RELATED CRIMES

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F.S. 815.03

815.03 Definitions.—As used in this chapter, unless the context clearly indicates otherwise:

(1) “Access” means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, a computer system, a computer network, or an electronic device.

(2) “Computer” means an internally programmed, automatic device that performs data processing.

(3) “Computer contaminant” means any set of computer instructions designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. The term includes, but is not limited to, a group of computer instructions, commonly called viruses or worms, which are self-replicating or self-propagating and which are designed to contaminate other computer programs or computer data; consume computer resources; modify, destroy, record, or transmit data; or in some other fashion usurp or interfere with the normal operation of the computer, computer system, or computer network.

(4) “Computer network” means a system that provides a medium for communication between one or more computer systems or electronic devices, including communication with an input or output device such as a display terminal, printer, or other electronic equipment that is connected to the computer systems or electronic devices by physical or wireless telecommunication facilities.

(5) “Computer program or computer software” means a set of instructions or statements and related data which, when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.

(6) “Computer services” include, but are not limited to, computer time; data processing or storage functions; or other uses of a computer, computer system, or computer network.

(7) “Computer system” means a device or collection of devices, including support devices, one or more of which contain computer programs, electronic instructions, or input data and output data, and which perform functions, including, but not limited to, logic, arithmetic, data storage, retrieval, communication, or control. The term does not include calculators that are not programmable and that are not capable of being used in conjunction with external files.

(8) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs, or instructions. Data may be in any form, in storage media or stored in the memory of the computer, or in transit or presented on a display device.

(9) “Electronic device” means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network and that is actually used for such purpose.

(10) “Financial instrument” means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security.

(11) “Intellectual property” means data, including programs.

(12) “Property” means anything of value as defined in s. 812.012 and includes, but is not limited to, financial instruments, information, including electronically produced data and computer software and programs in machine-readable or human-readable form, and any other tangible or intangible item of value.

History.—s. 1, ch. 78-92; s. 9, ch. 2001-54; s. 4, ch. 2010-117; s. 3, ch. 2014-208; s. 39, ch. 2019-167.

F.S. 815.03 on Google Scholar

F.S. 815.03 on Casetext

Amendments to 815.03

Arrestable Offenses / Crimes under Fla. Stat. 815.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 815.03.

Annotations, Discussions, Cases:

Cases Citing Statute 815.03

Total Results: 11

Umhoefer v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-12-20T00:00:00-08:00

Citation: 235 So. 3d 989

Snippet: unauthorized!)] The applicable version of section 815.03, effective October ■ 1, 2014, defines a computer…physical or wireless telecommunication facilities. § 815.03(4). “‘Access’ means to approach, instruct, communicate…computer, computer system, or computer network.” § 815.03(1). Umhoefer developed an online relationship with…stated that the statute’s definitions in section 815.03 referred to tangible devices and-not the data located…those two counts. . The prior version of section 815.03 that was applicable in Crapps defined a computer

Mario Crapps v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-07T00:00:00-08:00

Citation: 180 So. 3d 1125

Snippet: used in conjunction with external files. § 815.03, Fla. Stat. (2013). As he did below,

Willoughby v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-04-11T00:00:00-07:00

Citation: 84 So. 3d 1210, 2012 Fla. App. LEXIS 5459, 2012 WL 1192139

Snippet: computer, computer system, or computer network.” § 815.03(1). Subsection (6) of section 815.06 clarifies

In Re Standard Jury Instructions in Criminal Cases-Report No. 2010-02

Court: Fla. | Date Filed: 2010-07-01T00:00:00-07:00

Citation: 44 So. 3d 565, 35 Fla. L. Weekly Supp. 401, 2010 Fla. LEXIS 1049, 2010 WL 2606239

Snippet: Florida Statutes (2009), is now defined in section 815.03(11), and includes, while not limited to, the following…" means anything of value as defined in s. 815.03(11) and includes, but is not limited to, financial

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-05-23T00:53:00-07:00

Citation: 956 So. 2d 1226

Snippet: , computer system, or computer network." § 815.03, Fla. Stat. (2003). The evidence showed that appellant

Department of Children & Family Services v. G.S.C.

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-20T00:00:00-08:00

Citation: 812 So. 2d 509, 2002 Fla. App. LEXIS 3584

Snippet: Appellate Procedure 9.146(c)(2) and section 39.815(3), Florida Statutes (2001), both provide that an …was necessitated by the enactment of section 39.815(3). Id. at 1215. Consequently, rule 8.275(a) should…should be read in accord with section 39.815(3) as providing for an automatic stay in a termination case …summary, we find that rule 9.146(c)(2), section 39.815(3), and rule 8.275(a) provide that orders granting

In Re MAD

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-19T23:53:00-08:00

Citation: 812 So. 2d 509

Newberger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-07-29T00:53:00-07:00

Citation: 641 So. 2d 419

Snippet: computer, computer system or computer network. § 815.03(10), Fla. Stat. (1991). It may be that section

Ago

Court: Fla. Att'y Gen. | Date Filed: 1986-07-17T00:53:00-07:00

Snippet: 345 So.2d 330 (Fla. 1977), on remand,345 So.2d 815 (3 D.C.A.Fla., 1977); Treiman v. Malmquist, supra

Engleman v. Traeger

Court: Fla. | Date Filed: 1931-08-06T00:00:00-08:00

Citation: 136 So. 527, 102 Fla. 756

Snippet: opinion in Herr v. Butler, *Page 767 132 So. 815, and 3 R. C. L., 78-80, 145-146; 2. R. C. L. 1200, 22

Taylor v. Mathews

Court: Fla. | Date Filed: 1907-01-15T00:00:00-08:00

Citation: 53 Fla. 776

Snippet: question. 1 Story on Contracts (5th ed.), section 815; 3 Page on Contracts, p. 2163; Coles v. Peck, 96 Ind