The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE

View Entire Chapter

F.S. 934.21

934.21 Unlawful access to stored communications; penalties.—

(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

History.—s. 9, ch. 88-184; s. 9, ch. 89-269.

F.S. 934.21 on Google Scholar

F.S. 934.21 on Casetext

Amendments to 934.21

Arrestable Offenses / Crimes under Fla. Stat. 934.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT SUBSQ VIOL - F: T

S934.21 - EAVESDROPPING - STORED COMMUNICTN FOR GAIN DESTRUCT 1ST VIOL - M: F

S934.21 - EAVESDROPPING - OTHER ACCESS STORED COMMUNICATION - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

WEITZ, DOC v. STATE, 275 So. 3d 707 (Fla. App. Ct. 2019)

. . . legislative intent to the contrary, as it provides that "[t]he remedies and sanctions described in ss. 934.21 . . .

PIZARRO- GARCIA, v. STATE, 265 So. 3d 732 (Fla. App. Ct. 2019)

. . . The judgment, however, erroneously cites to section 934.21, Florida Statutes (2016). . . .

TRACEY, v. STATE, 152 So. 3d 504 (Fla. 2014)

. . . Section 934.28, Florida Statutes (2009) provides: The remedies and sanctions described in ss. 934.21- . . . The criminal penalties of section 934.21 and the civil remedy provided in section 934.27 are the only . . .

TRACEY, v. STATE, 69 So. 3d 992 (Fla. Dist. Ct. App. 2011)

WILLCOX FIRST NAT. BANK TRUST CO. OF ROCHESTER, v. GOESS, 16 F. Supp. 350 (S.D.N.Y. 1936)

. . . Rich, Account receivable ........ 934.21 1170 Fifth Avenue Corporation, Cooperative Apartment, Lease . . .

WEST VIRGINIA PENNSYLVANIA COAL COKE CO., 1 B.T.A. 790 (B.T.A. 1925)

. . . Additional depreciation of $934.21 and a deduction of $4,243.82 as a bad debt are disallowed. . . . depreciation of 25 per cent was reasonable for the seven months of 1920 and only allowed the deduction of $934.21 . . .