Florida Statutes 934.21 – Unlawful access to stored communications; penalties
Current as of: 2024 | Check for updates
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(1) Except as provided in subsection (3), whoever:
For details, see Fla. Stat. § 775.082(3)(e), Fla. Stat. § 775.082(4)(b) and Fla. Stat. § 775.082(4)(a)
(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
| misdemeanor of the second degree | up to 60 days | up to $500 |
| misdemeanor of the first degree | up to 1 year | up to $1,000 |
Terms Used In Florida Statutes 934.21
- Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects intrastate, interstate, or foreign commerce, but does not include:(a) Any wire or oral communication;(b) Any communication made through a tone-only paging device;(c) Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or(d) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See Florida Statutes 934.02
- Electronic storage: means :
(a) Any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof. See Florida Statutes 934.02- Person: means any employee or agent of the State of Florida or political subdivision thereof, of the United States, or of any other state or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation. See Florida Statutes 934.02
- User: means any person or entity who:
(a) Uses an electronic communication service, and(b) Is duly authorized by the provider of such service to engage in such use. See Florida Statutes 934.02(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:(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