Computer crime laws have been implemented into Florida Laws, due to the the increasing use of computers for legitimate uses and the use of computers to perpetrate crimes, criminal lawyers in Fort Lauderdale have seen an increasing amount of cases dealing with Florida Law on Computer Crime issue. Florida has a set of laws designed to convict and punish those who indulge in computer crime or cybercrime.
Computer crime laws deal with criminal activity that involves computers, computer networks, and online sites. However, some of the crimes might involve other criminal laws as well, and in such cases, Florida prosecution will use both sets of laws to prove their case against the defendant.
Computer Crime Laws Linked with Criminal Crimes Laws
The Florida laws on computer crimes cover a range of criminal activities using computers such as hacking, intellectual property theft, fraud, and financial or identity theft using computers. The penalties for these crimes depend on the severity of the crimes and can range from only a fine to life imprisonment.
Since the crimes involve computers, both the prosecution and the defense will normally call upon technical experts to provide evidence involving the actual execution of the crime or an explanation for its legal basis.
For more information about this type of case contact:
Defense Attorney William R. Moore (954) 523-5333
Computer Crime Laws Defined
Florida law defines computer crime as that in which an unauthorized person uses or gains access to another’s computer or data. The unauthorized person is referred to as a hacker under Florida law. Florida law also includes unauthorized use of intellectual property as a computer crime if this is done by hacking into the computer, computer system, or computer network of another person or entity. Besides, if the unauthorized access of data or intellectual property was for the committing of fraud or theft those provisions of the Florida criminal law will also apply on the case. Florida law also specifically criminalizes the introduction of computer viruses. Anyone who introduces viruses, Trojans, or other malicious code into a computer or computer system or network can be convicted of a computer crime in Florida and penalized accordingly.
Computer Crime Laws:Prosecution
When proving a computer crime the prosecution is obliged to prove that the accused knowingly and willfully participated in the activity.
Computer Crime Laws: Technical Evidence
Since computer crime laws require knowledge of computers, the evidence to prove a case of computer crime also rests on technical evidence. The prosecution will normally rely on computer experts to prove that the accused either hacked computers or a computer network, accessed intellectual property in the form of data, or introduced a malicious code. However, the prosecution will use other evidence to prove willfulness and knowledge of the defendant.
Computer Crime Laws: Defense
The defense for a computer crime normally focuses on evidence that shows that the accused was under the impression that they had received authorization to work on the computer or computer network. The defense can also prove a lack of knowledge or willfulness about the crime.
The defense can prove lack of knowledge or willfulness when a defendant unknowingly introduced a virus into a computer system by simply using the wrong device or inadvertently accessing a malicious site or link.
Computer Crime Laws: Penalties
According to Florida law, just hacking a computer or using intellectual property illegally will qualify as a third degree felony that is punishable by up to five years in prison, a fine of $5,000 or both. However, if the damage caused is more than $5,000, or if the hacking interrupts government work, public service, or lead to theft or fraud, the crime is considered a second degree felony. This can attract a prison term of up to 15 years, a fine of $10,000, or both. A computer crime or intellectual property crime is considered a first degree felony if it causes or could have caused loss of life. In such cases, the convicted person faces life imprisonment.
Broward criminal lawyer William R. Moore has experience in all kinds of criminal defense, including sex crimes and DUI. A conviction for a felony or misdemeanor can have consequences on your freedom, your employment, and your personal life. If you have been arrested or charged with a crime in the south Florida area, contact William R. Moore Criminal Defense, which has offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.