Florida Statute 815.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 815
COMPUTER-RELATED CRIMES

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F.S. 815.06

815.06 Offenses against users of computers, computer systems, computer networks, and electronic devices.—

(1) As used in this section, the term “user” means a person with the authority to operate or maintain a computer, computer system, computer network, or electronic device.

(2) A person commits an offense against users of computers, computer systems, computer networks, or electronic devices if he or she willfully, knowingly, and without authorization or exceeding authorization:

(a) Accesses or causes to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized or the manner of use exceeds authorization;

(b) Disrupts or denies or causes the denial of the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device, which, in whole or in part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;

(c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device;

(d) Destroys, injures, or damages any computer, computer system, computer network, or electronic device;

(e) Introduces any computer contaminant into any computer, computer system, computer network, or electronic device; or

(f) Engages in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data or information of a computer, computer system, computer network, or electronic device that is stored by a third party.

(3)(a) Except as provided in paragraphs (b) and (c), a person who violates subsection (2) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) A person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she violates subsection (2) and:

1. Damages a computer, computer equipment or supplies, a computer system, or a computer network and the damage or loss is at least $5,000;

2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property;

3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service; or

4. Intentionally interrupts the transmittal of data to or from, or gains unauthorized access to, a computer, computer system, computer network, or electronic device belonging to any mode of public or private transit, as defined in s. 341.031.

(c) A person who violates subsection (2) commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the violation:

1. Endangers human life; or

2. Disrupts a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment to a person.

(4) A person who willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5)(a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment or supplies, electronic device, or computer data may bring a civil action against a person convicted under this section for compensatory damages.

(b) In an action brought under this subsection, the court may award reasonable attorney fees to the prevailing party.

(6) A computer, computer system, computer network, computer software, computer data, or electronic device owned by a defendant that is used during the commission of a violation of this section or a computer or electronic device owned by the defendant that is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704.

(7) This section does not apply to a person who:

(a) Acts pursuant to a search warrant or to an exception to a search warrant authorized by law;

(b) Acts within the scope of his or her lawful employment; or

(8) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, computer network, or electronic device in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, computer network, or electronic device in both jurisdictions.

(9) This chapter does not impose liability on a provider of an interactive computer service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s. 153, or communications service as defined in s. 202.11 that provides the transmission, storage, or caching of electronic communications or messages of others; other related telecommunications or commercial mobile radio service; or content provided by another person.

History.—s. 1, ch. 78-92; s. 11, ch. 2001-54; s. 5, ch. 2014-208; s. 40, ch. 2019-167.

F.S. 815.06 on Google Scholar

F.S. 815.06 on Casetext

Amendments to 815.06

Arrestable Offenses / Crimes under Fla. Stat. 815.06

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

S815.06 - FRAUD - REPEALED CH 2001-54 - F: T

S815.06 1a - PROPERTY CRIMES - RENUMBERED. SEE REC # 7725 - F: T

S815.06 2a - PROPERTY CRIMES - ACCESS COMPUTER ELECTRONIC DEVICE WO AUTHORITY - F: T

S815.06 1b - PROPERTY CRIMES - RENUMBERED. SEE REC # 7726 - F: T

S815.06 1c - PROPERTY CRIMES - RENUMBERED. SEE REC # 7728 - F: T

S815.06 1d - DAMAGE PROP - RENUMBERED. SEE REC # 7729 - F: T

S815.06 1e - PROPERTY CRIMES - RENUMBERED. SEE REC # 7730 - F: T

S815.06 2b - FRAUD-SWINDLE - REPEALED CH 2001-54 - F: S

S815.06 2b - PROPERTY CRIMES - DISRUPT DENY ABILITY TRANSMIT DATA COMPTR NTWK - F: T

S815.06 2b - PROPERTY CRIMES - DISRPT DENY ABLTY TRANS DATA CMPTR SYS ELE DEV - F: T

S815.06 2b1 - PROPERTY CRIMES - RENUMBERED. SEE REC # 7733 - F: S

S815.06 2b2 - FRAUD - RENUMBERED. SEE REC # 7734 - F: S

S815.06 2b3 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7735 - F: S

S815.06 2c - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 7737 - F: F

S815.06 2c - PROPERTY CRIMES - TAKE DMGE COMPUTER EQUP SUPPLIES ELECTRNIC DEV - F: T

S815.06 2d - DAMAGE PROP - DESTROY DAMAGE CMPTER OR SYST NTWK OR ELEC DEV - F: T

S815.06 2e - PROPERTY CRIMES - INTRODUCE COMPUTER CONTAMINANT - F: T

S815.06 2f - PROPERTY CRIMES - AUDIO VIDEO SURV ACCESS CMPTR SYS NTWK ELE DEV - F: T

S815.06 2f - PROPERTY CRIMES - ACCES DATA INFO CMPTR SYS NTWK ELE DEV 3RD PTY - F: T

S815.06 3 - PROPERTY CRIMES - RENUMBERED. SEE REC # 7739 - M: F

S815.06 3b1 - PROPERTY CRIMES - COMPUTER CRIME DAMAGE AT LEAST 5K DOLS - F: S

S815.06 3b2 - FRAUD - COMPUTER CRIME TO DEFRAUD OBTAIN PROPERTY - F: S

S815.06 3b3 - PUBLIC ORDER CRIMES - COMPUTER CRIME IMPAIR PUBLIC SERVICE - F: S

S815.06 3b4 - PUBLIC ORDER CRIMES - CMPTR CRIME INTRUPT ACCESS PUB PRIV TRANSIT - F: S

S815.06 3c1 - PUBLIC ORDER CRIMES - COMPUTER CRIME ENDANGER HUMAN LIFE - F: F

S815.06 3c2 - PUBLIC ORDER CRIMES - COMPUTER CRIME MED EQUP IN CARE TRMT OF PERSON - F: F

S815.06 4 - PROPERTY CRIMES - MODIFY COMPUTER EQUIP SUPPLY ELEC DEV WO AUTH - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 815.06

Total Results: 10

Agency for Health Care Administration v. Ybor Medical Injury & Accident Clinic, Inc.

Court: Fla. | Date Filed: 2022-02-23T23:53:00-08:00

Snippet: withdrew the clinic’s application. Under section 408.815(6), Florida Statutes (2019), the agency was able to

Umhoefer v. State

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

Citation: 235 So. 3d 989

Snippet: 992 So.2d 900, 903 (Fla. 2d DOA 2008). Section 815.06(2)(a), Florida Statutes (2014), provides as follows…was insufficient to prove a violation of section 815.06. In Crapps, the First District determined that …State had failed to prove a violation of section 815,06(l)(a), Florida Statutes (2013),2 when the defendant…sufficiént evidence to prove a violation of section 815.06 for unauthorized, sexually-explicit Internet postings…employee was charged with a violation of section 815.06 for accessing his employer’s computer system and

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: these actions constitute a violation of section 815.06(l)(a), Florida Statutes (2013), the statute under…record, we hold that they do not. ■Section 815.06 was enacted in 1978, long before the advent of …. commits an offense against computer users.” § 815.06(l)(a), Fla. Stat. (2013). The operative terms, …the device. Thus, to prove a violation of section 815.06(l)(a) the State must establish that the defendant…4th DCA 2007) (reversing conviction under section 815.06 because evidence only established that the defendant

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: accessing a computer database in violation of sections 815.06(1) and (2)(a), Florida Statutes (2006) (count one…appeal followed. Turning first to count one, section 815.06(l)(a) of the Florida Statutes provides that anyone…network.” § 815.03(1). Subsection (6) of section 815.06 clarifies that the section “does not apply to any…prove that Willough-by’s conduct violated section 815.06. Count two charges a violation of section 815.04

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: Offenses Against Computer Users (sections 815.06(1) and 815.06(2)(c), Florida Statutes); 12.7, Offenses…sections 815.06(1) and (2)(b), Florida Statutes); 12.8, Offenses Against Computer Users (section 815.06(3),…instructions 12.6, 12.7, and 12.8, in light of section 815.06, Florida Statutes (2009), defining distinct "….7 defines "property" because section 815.06(2)(b) includes as an alternative element that the… to which the instruction pertains, see section 815.06(3), does not require as an element or otherwise

Rodriguez v. State

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

Citation: 956 So. 2d 1226

Snippet: Inc., Miramar Sales Center. . . ." Section 815.06(1)(a) and (2)(b)2., Florida Statutes (2003), provides…addressing such conduct. Additionally, subsection 815.06(6), Florida Statutes (2003), indicates that appellant…appellant's conduct is outside the scope of section 815.06. That subsection provides: "This section does… scope of his or her lawful employment." § 815.06(6), Fla. Stat. (2003). In this case, the evidence…organized scheme to defraud issue. As to the section 815.06, Florida Statutes (2003) violation, I concur with

Cason v. FLORIDA DEPT. OF MANAGEMENT SERVS.

Court: Fla. | Date Filed: 2006-11-16T00:00:00-08:00

Citation: 944 So. 2d 306

Snippet: are being challenged as "void." Id. at 815.[6] More recently, in Ward, we rejected an assertion

Newberger v. State

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

Citation: 641 So. 2d 419

Snippet: fraud on their employers. We note that section 815.06, Florida Statutes (1991)[2], which criminalizes…(10), Fla. Stat. (1991). It may be that section 815.06 more aptly describes the conduct Newberger engaged… be subject to criminal sanctions under section 815.06). We do hold that the evidence at trial did not…Amendment protection. [2] The portion of section 815.06 that might be relevant here provides: (1) Whoever

Therrien v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-29T00:53:00-07:00

Citation: 637 So. 2d 288

Snippet: 591 So.2d 1085 (Fla. 3d DCA 1991). NOTES [1] §§ 815.06, 777.04, Fla. Stat. (1989). [2] § 812.014(1) &

Gallagher v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-05-05T00:53:00-07:00

Citation: 618 So. 2d 757

Snippet: Appellant argues that her conviction under section 815.06, Florida Statutes (1991), which criminally sanctions…s authorized use" is proscribed by section 815.06 as "unauthorized access." Appellant correctly…computer systems without proper authorization. Section 815.06(1), Florida Statutes (1991), provides that: *758…should adopt the same view when interpreting section 815.06 and determine that her conduct should not be punished