Cybercrime is a rapidly evolving area of criminal law, encompassing a broad range of illegal activities conducted through online digital means. Florida’s specifically address computer-related offenses, but certain actions may also trigger federal prosecution. Although these crimes are prosecuted aggressively, effective defenses may be available.

The following are the offenses most commonly prosecuted under Florida’s Computer-Related Crimes statutes:

• Unauthorized access (hacking) — It is a crime in Florida to willfully and knowingly access a computer, computer system, or network without proper authorization. This includes “hacking” into email accounts, social media platforms, or secure databases even if no harm results.

• Fraud and theft — Cybercrimes may also involve fraud or theft, such as phishing schemes or unauthorized transfers of money (wire fraud). These can be prosecuted under state laws related to fraud and theft, in addition to computer-specific statutes.

• Identity theft — This consists of stealing personal information to impersonate someone else online, open credit accounts, or access funds. It is both a state and federal crime

• Data breach and distribution of protected data — This includes illegally obtaining and releasing sensitive data like medical records, Social Security numbers or financial information.

• Cyberstalking — This consists of using electronic communications to threaten or harass another person by inducing a fear of death or injury.

• Distribution of child pornography — Using digital means to produce, distribute or possess child pornography is prosecuted under Florida and federal law, with severe penalties for conviction.

Certain cybercrimes may fall under federal jurisdiction, such as when the activity involves interstate communications, affects interstate commerce or targets government or financial institutions. Hacking into a government website, transmitting malware across state lines or accessing protected computer systems can be prosecuted under federal statutes such as the Computer Fraud and Abuse Act (CFAA).

If you are targeted in a cybercrime investigation, having capable defense counsel involved early is the best way to protect your legal and financial interests. Depending on the facts of the case, several defenses may be available, such as:

• Lack of intent — Cybercrimes generally must be willful or knowing. If the accused inadvertently accessed a restricted database or otherwise lacked intent, the charges may not hold.

• Authorization or consent — The accused may have had permission to access the system or data in question, or may have reasonably believed such consent was granted.

• Mishandled evidence — If law enforcement fails to demonstrate a reliable chain of custody or the evidence is otherwise compromised, the defense can challenge its admissibility.

• Mistaken identity — Given the anonymous nature of the internet, it is possible for someone else to have used the defendant’s IP address, identity or access credentials.

• Constitutional violations — If authorities violated constitutional rights, such as by conducting an unlawful search or seizure of the defendant’s computer, the evidence may be suppressed.

A conviction of a cybercrime not only can visit severe penalties but also can destroy your reputation and ruin your future. If you are faced with an investigation, call The Law Offices of Tad A. Yates, P.A. in Orlando at 407-608-7777 or contact us online to schedule a consultation.