Computer and Cybercrime Charges in Florida: What They Are and How to Defend Them



Quick Answer: Computer crime in Florida is charged under §815.06 when someone knowingly accesses, changes, destroys, or disrupts data or systems without authorization. These cases are evidence-heavy; therefore, early defense targets intent, user attribution, and the scope of any search warrants.

Computer crime in Florida often involves claims of unauthorized access, data theft, or online fraud. Because digital trails can be complex and easy to misread, small facts about logins, permissions, and network policies can make a big difference. As a result, fast legal help can protect devices, preserve helpful logs, and prevent overcharging.

What counts as a computer crime in Florida?

The Florida Computer Crimes Act—Fla. Stat. §815.06—covers unauthorized access to computer systems, networks, programs, or data. It also reaches altering, damaging, or destroying data; disrupting services; and trafficking in passwords or access credentials. Moreover, penalties can increase when critical infrastructure or many victims are involved.

Common Cyber Offense Examples

  • Guessing or sharing passwords to enter restricted systems
  • Accessing school, employer, or government portals without permission
  • Phishing or credential-harvesting schemes
  • Credit card or account takeover activity online
  • Deploying malware, deleting logs, or disrupting services

Key Questions in Every Case

  • Was there authorization—even implied—under company policy?
  • Can the State prove who used the device at the key time?
  • Did any search warrants or subpoenas go too far?
  • What was the actual damage or loss, if any?

How computer crime investigations start

These cases usually begin with a system alert, a company complaint, or a victim report. Next, agencies like the FDLE Cyber Crime Unit and, sometimes, the FBI Cyber Task Force gather records using subpoenas or warrants.

  • ISP and platform logs: IP addresses, login times, user agents
  • Device imaging: phones, laptops, external drives, and cloud backups
  • Network policies and permission lists from employers or schools
  • Bank/merchant records for related online purchases or transfers

For background, see FDLE and the FBI Cyber Division.

How prosecutors try to prove a computer crime in Florida

Prosecutors try to connect a user to a device at a specific time and place. Consequently, they build timelines that stitch together logs, accounts, and communications.

  • Attribution: IP logs, MAC addresses, device IDs, and geolocation
  • Intent: messages about credentials, data downloads, or “testing security”
  • Damage: deleted files, locked systems, or service outages
  • Witnesses: admins, IT staff, and co-workers who explain policies

Defenses to computer crime in Florida

  • Authorized or implied use: Policies, prior practice, or consent can defeat “unauthorized” elements.
  • Misidentification: Shared devices, open Wi-Fi, or spoofed IPs can break attribution.
  • Overbroad searches: Warrants that scoop up unrelated data can trigger suppression.
  • No damage or loss: Lack of actual harm can reduce charge levels and leverage.
  • Good-faith security testing: Context may show non-criminal intent.
  • Negotiated outcomes: Restitution, charge reductions, or diversion—especially for first-time allegations.

Penalties and collateral effects

Depending on the facts, penalties range from probation to prison, plus fines and restitution. Additionally, collateral issues often hit jobs, professional licenses, and immigration status. Therefore, early pretrial motions can narrow evidence and change negotiations.

Cyber theft in Florida case — attorney reviewing device logs and bank transactionsWhat to do if you’re under investigation

If agents or IT staff ask to “look at your device,” talk to a lawyer before you talk to anyone else. We help preserve helpful logs, manage communications, and present context that avoids stacked charges or a federal referral.

See our Florida Computer & Cyber Offenses Defense page

Related pages:
Identity Theft
Scheme to Defraud
White-Collar Crime Defense
Criminal Defense
Orlando Criminal Defense Attorney

FAQ: Computer Crimes in Florida

Can I be charged for guessing a password?

Possibly. If you lacked permission and accessed a restricted account, the State may claim it was unauthorized access under §815.06.

What if I used someone else’s Wi-Fi?

It depends. Open networks and shared devices can complicate attribution; however, activity that harms systems or steals data can still be charged.

Will agents search my cloud accounts?

They might. Even so, warrants must be specific. Overbroad cloud grabs can be challenged and, sometimes, suppressed.


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