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Crimes Florida Statutes Chapter adop

Found at: 0x1bi.net:70/textfiles/file?law/fl_lawsta.law

/* R FRINGE COMMENTARY- Here with go with the Florida Computer 
Crimes Act, Florida Statutes Chapter 815, F.S. 815.01, adopted in 

SECTION 815.01 Short title.-- This provisions of this act shall 
be known, and may be cited as the "Florida Computer Crimes Act."

SECTION 815.02 Legislative intent. -- The Legislature finds and 

    (1) Computer-related crime is a growing problem in government 
as well as in the private sector.

    (2) Computer-related crime occurs at great cost to the public 

    (3) The opportunities for computer-related crime in business 
financial institutions, government programs, government records 
and other business enterprises through the introduction of 
fraudulent records into a computer system, the unauthorized use 
of computers, the alteration or destruction of computerized 
nformation or files, and the stealing of financial instruments,

    (4)  While various forms of computer crime might possibly be 
the subject of criminal charges based on other provisions of 
law, it is appropriate and desirable that a supplemental and 
additional statute be provided which proscribes various forms of 
computer abuse.

SECTION 815.03 Definitions-- As used in this chapter, unless the 
context clearly requires otherwise:

   (1) "Intellectual property" means data including programs.   

   (2) "Computer Program" means an ordered set of data 
by a computer cause the computer to process data.   

   (3) "Computer" means an internally programmed automatic device 
that performs data processing.

   (4) "Computer software" means a set of computer programs, 
operation of a computer system.

   (5) "Computer system" means a set of related, connected or 
unconnected, computer equipment, devices, or computer software. 
computer programs that make the system capable of performing data 
 
   (6) "Computer network" means a set of related, remotely 
connected devices and communication facilities including more 
than one computer system with the capability to transmit data 
among them through communication facilities.

    (7) "Computer system services" means providing a computer 

/* Therefore trivial or unneeded processing is not "computer 

   (8) "Property" means anything of value as defined in s. 
nstruments, information, including electronically produced data,
computer software  and programs, in either machine-readable or 
value.

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

    (10) "Access" means to approach, instruct, communicate with, 
use of any resources of, a computer, computer system, or computer 
network.

SECTION 815.04. Offenses against intellectual property. --

    (1) Whoever willfully, knowingly, and without authorization 
modifies data, programs, or supporting documentation residing or 
existing internal or external to a computer, computer system, or 
computer network commits an offense against intellectual 

    (2) Whoever willfully, knowingly, and without authorization 
existing internal or external to a computer, computer system, or 
computer network commits an offense against intellectual 

    (3) Whoever willfully, knowingly, and without authorization 
confidential as provided by law residing or existing internal or 
external to a computer, computer system, or computer network 
commits an offense against intellectual property.     

    (4)(a) Except as otherwise provided in this subsection, an 
offense against intellectual property is a felony of the third 

    (b) If the offense is committed for the purpose of devising 
or executing any scheme or artifice to defraud or to obtain any

SECTION 815.05. Offenses against computer equipment or supplies. 
--

    (1)(a) Whoever willfully, knowingly, and without 
authorization modifies equipment or supplies used or intended to 
be used in a computer, computer system, or 
computer network, commits and offense against computer equipment 
or supplies.

    (b)(1) Except as provided in this paragraph, an offense 
against computer equipment or supplies as provided in paragraph 
(a) is a misdemeanor of the first degree, punishable as provided 
n s. 775.082, s. 775.083 or s. 775.084.

   2. If the offense is committed for the purpose of devising 
or executing any scheme or artifice to defraud or to obtain any

    (2)(a) Whoever willfully, knowingly, and without 
authorization destroys, takes, injures, or a damages equipment or 
equipment or supplies.

    (b)(1) Except as provided in this paragraph, an offense 
against computer equipment or supplies as provided in paragraph 
(a) is a misdemeanor of the first degree, punishable as provided 
n s. 775.082, s. 775.083 or s. 775.084.

    2. If the damage to such computer equipment or supplies or to 
the computer,computer system, or computer network is greater than 
$ 200 but less than $ 1,000, then the offender is guilty of a 
felony of the third degree, punishable as is provided in s. 

    3. If the damage to such computer equipment or supplies or to 
the computer , computer system, or computer network is $ 1,000 or 
or supply of water, gas or other public service, then the 
offender is guilty of a felony of the second degree, punishable 
as provided in s. 775.082, s. 775.083, or s. 775.084.

SECTION 815.06. Offenses against computer users. --

    (1) Whoever willfully, knowingly and without authorization 
access or causes to be accessed any computer, computer system, 
or computer network; or whoever willfully, knowingly, and without 
authorization denies or causes the denial of computer system 
operated for, on behalf of, or in conjunction with another 
commits an offense against computer users.

    (2)(a) Except as provided in this subsection, an offense 
against computer users is a felony of the third degree, 

    (b) If the offense is committed for the purposes of devising 
or executing an scheme or artifice to defraud or to obtain an 

SECTION 815.07 This chapter not exclusive.-- The provisions of 
this chapter shall not be construed to preclude the applicability 
of any other provision of the criminal law of this state which 
nconsistent with the terms of this chapter.





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