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Florida Statutes 934.21 - Unlawful access to stored communications; penalties

Florida Statutes > Chapter 934 > 934.21


Current as of: 2012
   (1) Except as provided in subsection (3), whoever:
   (a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or
   (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:
   1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.
   2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.
   (b) In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
   (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
   (c) In s. 934.09, s. 934.23, or s. 934.24.
Florida Statutes 934.15 - Situations in which law enforcement officer may order telephone line cut, rerouted, or divertedChapter 934 Table of ContentsFlorida Statutes 934.215 - Unlawful use of a two-way communications device

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Florida Laws: Search and Seizure

Florida Statutes > Chapter 933 - Search and Inspection Warrants
Florida Statutes > Chapter 934 - Security of Communications

U.S. Constitution Provisions: Search and Seizure

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U.S. Code Provisions: Search and Seizure

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U.S. Code Title 18 > Part I > Chapter 109 - Searches And Seizures
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