(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.
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 communication service: means any service which provides to users thereof the ability to send or receive wire or electronic communications. See Florida Statutes 934.02
- felony: A crime carrying a penalty of more than a year in prison.
- misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- 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