What Is Unauthorized Access of a Computer Network in Florida?

April 28, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

In Florida, the charge of unauthorized access of a computer network can carry serious criminal and financial penalties. But what must someone do to be convicted of unauthorized access of a computer network?

Florida Statutes Section 815.06 criminalizes unauthorized access of a computer network. In order to violate the statute, someone must do at least one of the following: 

• Access or cause to be accessed any computer, computer system, computer network, or electronic device with knowledge that such access is unauthorized or the manner of use exceeds authorization
• Disrupt or deny the ability to transmit data to or from an authorized user of a computer, computer system, computer network, or electronic device
• Destroy, take, injure, or damage equipment or supplies used or intended to be used in a computer, computer system, computer network, or electronic device
• Destroy, injure, or damage any computer, computer system, computer network, or electronic device;
• Introduce any computer contaminant into any computer, computer system, computer network, or electronic device
• Engage in audio or video surveillance of an individual by accessing any inherent feature or component of a computer, computer system, computer network, or electronic device, including accessing the data therein

Penalties for Unauthorized Access of a Computer Network in Florida

Unauthorized access of a computer network is a third-degree felony in Florida, punishable by up to 5 years in prison and a $5,000 fine. 

A violation of the statute becomes a second-degree felony if a person:

• Causes damage of at least $5,000
• Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property
• Interrupts or impairs government authorization
• Interrupts data transmittal from transit services

A second-degree felony is punishable by up to 15 years in prison and a $10,000 fine.

A violation of Florida Statutes Section 815.06 is a first-degree felony if someone: 

• Endangers human life
• Disrupts a computer, computer system, computer network, or electronic device that affects medical equipment used in the direct administration of medical care or treatment 

A first-degree felony is punishable by up to 30 years in prison and a $10,000 fine.

Various defenses exist to Florida Statutes Section 815.06. These may include:

• Entrapment: If a defendant who otherwise would not have improperly accessed a computer network does so after being entrapped by a government agent such as a law enforcement officer, they may not be convicted
• The defendant did not improperly access the network and is being wrongly accused 
• The defendant legally accessed the network as it was done in the scope of their lawful employment

Important: A “computer network” under the statute is any system that provides communications between one or more computer systems and its input or output devices, including, but not limited to, display terminals and printers that are connected by telecommunication facilities. 

Florida courts have noted that someone may not be convicted of a violation of Florida Statutes Section 815.06 if they lawfully accessed a computer, computer system or network but engages in illegal or otherwise prohibited activity after doing so. Rodriguez v. State, 956 So.2d 1226 (Fla 4th DCA 2007). The Rodriguez court held:

“The evidence showed that appellant made the adjustments at a computer he was authorized to use, that he was authorized to access the system by using his password, and that he was authorized to access the network … In this case, the evidence was insufficient to prove that appellant accessed the computer, computer system, or computer network without authorization.” Rodriguez, 956 So.2d at 1228. 

The court noted that under 815.06(6), someone who accesses a computer network while acting in the scope of their lawful employment cannot be found guilty under the statute. The 3rd District Court of Appeal affirmed this in Willoughby v. State, 84 So.3d 1210 (Fla 3rd DCA 2012).

Conversely, an individual may be found guilty of unauthorized access of a computer network for hacking a social media account, if the direct messages or other data generated during the hack are transferred through the servers of the social media network. Umhoefer v. State, 235 So.3d 989 (Fla 2nd DCA 2017).

Criminal Defense Lawyers in Tallahassee, FL

Being charged with unauthorized access to a computer, unauthorized access to a computer system or unauthorized access to a computer network is very serious. A conviction could result in lengthy prison sentences and hefty fines. It is vital for someone facing these charges to find experienced and aggressive legal representation as soon as possible.

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 experienced criminal defense attorneys at Pumphrey Law have decades of experience fighting 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.

  Social Share