Frequently Asked Questions About Unlawful Use of a 2-Way Communications Device

September 10, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, unlawful use of a two-way communications device is a very serious offense. But many people have not heard of this statute (Fla. Stat. 934.215) until they or a loved one are charged with violating it. This blog will answer frequently asked questions about unlawful use of a two-way communications device in Florida.

#1 – What is unlawful use of a two-way communications device?

Under Florida law, unlawful use of a two-way communications device occurs when a person “uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense.” 

In other words, the crime occurs when someone uses a device such as a phone, computer, radio, or other electronic communication device to commit (or further/facilitate the commission of) a felony offense.

#2 – Is unlawful use of a two-way communications device a felony?

Yes, unlawful use of a two-way communications device is a felony in Florida. Specifically, it is a third-degree felony – punishable by up to 5 years in prison, 5 years of probation, and a $5,000 fine.

#3 – Does this mean the commission of any felony?

Yes, the law prohibits the use of a two-way communications device to facilitate or further the commission of any felony in the state (not just violent felonies, for example). 

#4 – What are some examples of unlawful use of a two-way communications device?

Given that the facilitation or furtherance of any felony using a two-way communications device is a crime, there are countless examples of how this offense may be committed. Some of these may include:

• Using a cell phone to arrange a drug sale with a dealer
• Coordinating a burglary using text messages
• Sending fraudulent banking instructions via email
• Using messaging applications to coordinate human trafficking or smuggling

#5 – Does the underlying felony have to be completed?

No, an underlying felony does not actually have to occur in order for someone to be charged with and convicted of unlawful use of a two-way communications device. Though the offense may be charged alongside a completed felony, Fla. Stat. 934.215 only requires furtherance or facilitation of a felony. 

An example would include getting arrested after arranging a drug deal with what turned out to be an undercover officer running a sting operation. Someone can still be charged with unlawful use for arranging the deal despite the lack of an actual transaction.

#6 – Can I be convicted of unlawful use of a two-way communications device alongside online solicitation of a minor and traveling to meet a minor?

Generally, no. Though defendants are often charged with traveling to meet a minor, online solicitation of a minor and unlawful use of a two-way communications device, a conviction for all of these from a single course of conduct violates double jeopardy protections. State v. Shelley, 176 So. 3d 914 (Fla. 2015).

Shelley noted that solicitation and traveling require the unlawful use of a two-way device as an element of the crime (e.g. soliciting a minor/someone believed to be a minor using the device). Thus, stacking an unlawful use charge on top of these violates the Blockburger test, barring a conviction for unlawful use of a two-way communications device.

#7 – What is the definition of a “two-way communications device”?

Under Florida law, there is no formal definition of a two-way communications device. It is neither provided in the statute, nor case law. Weitz v. State, 275 So.3d 707 (Fla. 2d. DCA 2019)

Weitz noted that a two-way communications device must include all devices by which images, information, and data can be sent and received (e.g. anything capable of email, calls, instant messages and text messages). It encompasses all “portable two-way wireless devices,” including:

• Phones
• Walkie-talkies/handheld radios
• Wireless communication headsets
• Satellite phones

Tablets, computers, and other devices capable of both sending and receiving communications are covered by the law. This is not limited to “real-time” communications (such as phone calls or speaking on walkie-talkies), but may also include transmission of written messages such as emails (Weitz).

#8 – Are there any defenses to unlawful use of a two-way communications device?

Yes, many legal defenses are available if someone is charged with felony unlawful use of a two-way communications device. Depending on the facts of the case, these may include:

• Device not covered by the statute (e.g. one-way pagers, GPS trackers, wireless cameras, radio/TV receivers)
• No underlying felony (e.g. lack of criminal activity or used to facilitate a misdemeanor, such as petit theft)
• Mere possession: Someone simply having a two-way device on them at the time they are arrested for a felony is insufficient – it must have been furthered or facilitated using the device. Sanchez v. State, 270 So. 3d 515 (Fla. 2d DCA 2019).
• Lack of intent/innocent use: No evidence that the defendant intended to use the device to commit a felony once it is seized and/or examined. 
• The defendant did not actually send the communications (e.g. someone else used the device or their number/information was “spoofed”)
• Double jeopardy violation (if charged with solicitation/traveling)
• Procedural defenses (motions to suppress unlawfully obtained evidence, motions to suppress defendant’s post-arrest statements, etc.)

In sum, unlawful use of a two-way communications device is a serious felony in Florida, but it is often poorly understood. By knowing the answers to these FAQs, someone will be equipped with important information if they or a loved one are ever facing such a charge. If they are, it is vital to seek out an attorney right away.

If someone is arrested and formally charged in Florida with unlawful use of a two-way device, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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