Offenses Against Intellectual Property
Cyber (computer) crime is an evolving area of the law. As technology grows, so does the law and the manner in which the legal community interprets technology. With most of the world’s information now being stored on computers, including trade secrets, intellectual property, and public records, the legislature has imposed regulations to protect that information.
Whomever, willfully, and without authorization, access, takes, alters, destroys, modifies, documentation located on either an internal or external computer and/or network, has committed a felony of the 3rd degree punishable by up to 5 years in prison, for each time the computer/network is accessed. It is not duplicitous or double jeopardy to charge multiple counts for multiple access dates/points for the same series of events. If the intent is to commit a scheme to defraud or to obtain property, then the offense is punishable as a 2nd degree felony, punishable by up to 15 years in prison.
Often time’s misunderstandings can occur whereby an individual believes they are authorized to access certain documents in the course of their duty, later to discover they are faced with criminal charges. It is very important to understand your employer’s computer policies and procedures, before you begin to use the system. If you are unclear about whether or not you can access a certain file or network, ask your supervisor before doing so, and do it in writing, or via email.
Don’t delay; let an experienced former CYBER CRIME prosecutor help protect your good name and reputation. Call today or contact us online for a FREE CONFIDENTIAL CONSULTATION.
For more information, see Florida Statute 815.04: Offenses against intellectual property; public records exemption
Case Results
Case #: 080XXXXXCF10A
Charges: Sexual Performance By A Child (AKA Possession of Child Pornography).
Result: : Probation to lesser charges, therefore, NO Sex Offender Designation and no prison.
Case #: F08XXXX
Charge: Attempted 2nd Degree Murder, Kidnapping, and Grand Theft.
Result: Case Dismissed
Case #: 2008CFXXXXXXXXXX
Charge: Online Solicitation (via Webcam).
Result: Client avoids prison, probation - 2 ½ years, guidelines were 21 months State prison up to 15 years.