Florida Statute 934.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.04

934.04 Manufacture, distribution, or possession of wire, oral, or electronic communication intercepting devices prohibited.—

(1) Except as otherwise specifically provided in this chapter, any person who intentionally:

(a) Sends through the mail or otherwise sends or carries any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter; or

(b) Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the illegal interception of wire, oral, or electronic communications as specifically defined by this chapter;

shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) It is not unlawful under this section for:

(a) A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such a provider, in the normal course of the business of providing that wire or electronic communication service; or

(b) An officer, agent, or employee of, or a person under contract with, bidding upon contracts with, or in the course of doing business with, the United States, a state, or a political subdivision thereof, in the normal course of the activities of the United States, a state, or a political subdivision thereof,

to send through the mail; send or carry in intrastate, interstate, or foreign commerce; or manufacture, assemble, possess, or sell any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, oral, or electronic communications.

History.—s. 4, ch. 69-17; s. 1164, ch. 71-136; s. 3, ch. 88-184; s. 3, ch. 89-269.

F.S. 934.04 on Google Scholar

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Amendments to 934.04

Arrestable Offenses / Crimes under Fla. Stat. 934.04

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

S934.04 - EAVESDROP EQUIP - MFG DISTR POSS WIRE ORAL ELECT INTERCEPT DVC - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 934.04

Total Results: 5

Parker v. Parker

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 950 So. 2d 388, 2007 WL 268780

Snippet: & Pol'y 269, 275 (2001)). Parker, 916 So.2d at 934.[4] The petitioner urges this Court to adopt the reasoning

Overton v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-08-18

Citation: 604 So. 2d 546, 1992 Fla. App. LEXIS 8959, 1992 WL 197740

Snippet: of an oral communication interception device, § 934.04, Fla.Stat. (1991). An expert testified that the

State v. Keen

Court: District Court of Appeal of Florida | Date Filed: 1980-06-11

Citation: 384 So. 2d 284, 1980 Fla. App. LEXIS 16486

Snippet: an intercepting device in violation of Section 934.04(l)(b), Florida Statutes (1978). The sole issue

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-03-01

Snippet: penalties for violations of Ch. 934, see ss. 934.03, 934.04, and 934.10, F.S. Section 934.06, F.S., provides:

Franklin v. Brown

Court: District Court of Appeal of Florida | Date Filed: 1964-01-07

Citation: 159 So. 2d 893

Snippet: [3] Chipley v. Atkinson, 23 Fla. 206, 1 So. 934. [4] Johnson v. Gustafson et al., (1938) 201 Minn