Florida Statute 934.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

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F.S. 934.21

934.21 Unlawful access to stored communications; penalties.—

(1) Except as provided in subsection (3), whoever:

(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or

(b) Intentionally exceeds an authorization to access such facility,

and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (2).

(2) The punishment for an offense under subsection (1) is as follows:

(a) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, the person is:

1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.

2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.

(b) In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Subsection (1) does not apply with respect to conduct authorized:

(a) By the person or entity providing a wire or electronic communications service;

(b) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or

History.—s. 9, ch. 88-184; s. 9, ch. 89-269.

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Amendments to 934.21

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 934.21

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

S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT SUBSQ VIOL - F: T

S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT 1ST VIOL - M: F

S934.21 - EAVESDROPPING - OTHER ACCESS STORED COMMUNICATION - M: S

Cases Citing Statute 934.21

Total Results: 4

Shawn Alvin Tracey v. State of Florida

152 So. 3d 504, 92 A.L.R. Fed. 2d 587, 39 Fla. L. Weekly Supp. 617, 2014 Fla. LEXIS 3072, 2014 WL 5285929

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1451893

Cited 4 times | Published

of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934

Tracey v. State

69 So. 3d 992, 2011 Fla. App. LEXIS 14054, 2011 WL 3903075

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 2355513

Cited 3 times | Published

of those sections. The criminal penalties of section 934.21 and the civil remedy provided in section 934

Pizarro-Garcia v. State

265 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706654

Published

The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). On remand, the trial

Pizarro-Garcia v. State

265 So. 3d 732

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706655

Published

The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). On remand, the trial