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Florida Statute 815.04 | Lawyer Caselaw & Research
F.S. 815.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 815.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 815
COMPUTER-RELATED CRIMES
View Entire Chapter
F.S. 815.04
815.04 Offenses against intellectual property.
(1) A person who willfully, knowingly, and without authorization introduces a computer contaminant or modifies or renders unavailable data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(2) A person who willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(3) A person who willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation that is a trade secret as defined in s. 812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, computer network, or electronic device commits an offense against intellectual property.
(4)(a) Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the person commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406; s. 1, ch. 2014-177; s. 4, ch. 2014-208; s. 5, ch. 2016-5; s. 20, ch. 2016-6; s. 31, ch. 2022-5.

F.S. 815.04 on Google Scholar

F.S. 815.04 on Casetext

Amendments to 815.04


Arrestable Offenses / Crimes under Fla. Stat. 815.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S815.04 1 - FRAUD - RENUMBERED. SEE REC # 9698 - F: T
S815.04 1 - PROPERTY CRIMES - TAMPER COMPUTER INTELLECTUAL PROPERTY - F: T
S815.04 2 - FRAUD - RENUMBERED. SEE REC # 9699 - F: T
S815.04 2 - PROPERTY CRIMES - DESTROY COMPUTER INTELLECTUAL PROPERTY - F: T
S815.04 3 - LARC - REPEALED 2022-5 - F: T
S815.04 3 - LARC - VIOLATE TRADE SECRET OR CONFIDENTIAL INFO - F: T
S815.04 3 - EMBEZZLE - RENUMBERED. SEE REC # 7723 - F: T
S815.04 4 - EMBEZZLE - RENUMBERED. SEE REC # 9776 - F: T
S815.04 4b - FRAUD-SWINDLE - RENUMBERED. SEE REC # 7724 - F: S
S815.04 4b - FRAUD-SWINDLE - COMPUTER CRIME WITH INTENT TO DEFRAUD - F: S
S815.04 5b - FRAUD-SWINDLE - RENUMBERED. SEE REC # 9700 - F: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

In M. INGRAM,, 508 B.R. 98 (Bankr. E.D. Wis. 2014)

. . . . § 815.04, in an attempt to satisfy his judgment, Wilson caused an execution to be issued to the Sheriff . . .

WILLOUGHBY, v. STATE, 84 So. 3d 1210 (Fla. Dist. Ct. App. 2012)

. . . Statutes (2006) (count one), and obtaining trade secret or confidential data in violation of sections 815.04 . . . Count two charges a violation of section 815.04(3)(b) of the Florida Statutes which states, “Whoever . . . However, section 815.04(3)(b) does not include a requirement that the defendant have a malicious purpose . . .

STATE v. S. FAGG,, 41 So. 3d 394 (Fla. Dist. Ct. App. 2010)

. . . from her former employer’s computer system constituted the destruction of data pursuant to section 815.04 . . . drives, there was no evidence that Appellee destroyed data as required for a conviction of section 815.04 . . .

GARCIA, v. STATE, 939 So. 2d 1082 (Fla. Dist. Ct. App. 2006)

. . . 839.25, Florida Statutes (2000), and unlawful modification of computer data in violation of subsection 815.04 . . . Subsection 815.04(1), Florida Statutes (2000), provides: Whoever willfully, knowingly, and without authorization . . . See id. § 815.04(4)(b). This statute addresses what is colloquially referred to as “hacking.” . . . information already existing in the computer system, she would have been in violation of subsection 815.04 . . . The evidence here did not support a conviction for modifying intellectual property under subsection 815.04 . . .

SEPRO CORPORATION, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, L. L. C., 839 So. 2d 781 (Fla. Dist. Ct. App. 2003)

. . . confidential and exempt from the public disclosure mandate of § 119.07(1) pursuant to the exemptions in §§ 815.04 . . . public necessity that trade secret information as defined in s. 812.081, and as provided for in s. 815.04 . . . were intended to apply only to computer data, programs or supporting documentation exempted by section 815.04 . . . Section 815.04(3)(a), Florida Statutes (2001), on which the order under review also relies, provides: . . . Defining trade secrets by reference to section 812.081 (l)(c), Florida Statutes (2001), section 815.04 . . .

In HAYWARD,, 281 B.R. 362 (Bankr. S.D. Ala. 2001)

. . . That in addition to the six payments of $135.84 ($815.04 total) and the $756.09 payment comes to a total . . .

NEWBERGER, v. STATE, 641 So. 2d 419 (Fla. Dist. Ct. App. 1994)

. . . On appeal, he argues that section 815.04, Florida Statutes (1991), which criminalizes modification of . . . We hold that section 815.04 is constitutional, and affirm on that point. . . . The state charged Newberger with two counts of violating section 815.04 based on his use of the nine . . . We therefore hold that section 815.04, Florida Statutes (1991), is not unconstitutionally vague. . . . The state reads section 815.04 too broadly. . . .

CITY NATIONAL BANK AND TRUST COMPANY OF COLUMBUS, M. v. UNITED STATES, 203 F. Supp. 398 (S.D. Ohio 1962)

. . . the gross estate in the total amount of $6,537.57, increasing the gross estate to the amount of $883,-815.04 . . .

CALIFORNIA BANK v. UNITED STATES FIDELITY GUARANTY CO., 129 F.2d 751 (9th Cir. 1942)

. . . States paid Anderson the contract price ($141,000) as follows: $103,829.96 prior to June 30, 1938, $28,-815.04 . . . On that date, before any claim was paid by appellee, the United States paid Anderson $28,-815.04 from . . .