Florida criminal charge
Cellular telephone counterfeiting offenses in Florida
Cellular telephone counterfeiting offenses is a criminal offense under Florida law, defined by Fla. Stat. § 817.4821. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.4821.
What is the penalty for cellular telephone counterfeiting offenses in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Possession of a cloned cellular telephone — A person knowingly possesses a cloned cellular telephone.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Possession of a cloned cellular telephone — A person knowingly possesses a cloned cellular telephone.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Possession of interception instrument with intent to clone — A person knowingly possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone a cellular telephone.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession of interception instrument with intent to clone — A person knowingly possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone a cellular telephone.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Sale of a cloned cellular telephone — A person knowingly sells a cloned cellular telephone.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Sale of a cloned cellular telephone — A person knowingly sells a cloned cellular telephone.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Possession of cloning paraphernalia with intent to use — A person knowingly possesses cloning paraphernalia with intent to use it to create cloned cellular telephones.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Possession of cloning paraphernalia with intent to use — A person knowingly possesses cloning paraphernalia with intent to use it to create cloned cellular telephones.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is cellular telephone counterfeiting offenses classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Possession of a cloned cellular telephone | Felony of the Third Degree | A person knowingly possesses a cloned cellular telephone. | Fla. Stat. § 817.4821(2) |
| Possession of interception instrument with intent to clone | Felony of the Second Degree | A person knowingly possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone a cellular telephone. | Fla. Stat. § 817.4821(3) |
| Sale of a cloned cellular telephone | Felony of the Second Degree | A person knowingly sells a cloned cellular telephone. | Fla. Stat. § 817.4821(4) |
| Possession of cloning paraphernalia with intent to use | Felony of the Second Degree | A person knowingly possesses cloning paraphernalia with intent to use it to create cloned cellular telephones. | Fla. Stat. § 817.4821(5) |
Common questions about cellular telephone counterfeiting offenses in Florida
Is cellular telephone counterfeiting offenses a felony or a misdemeanor in Florida?
It depends on the circumstances: cellular telephone counterfeiting offenses ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 817.4821.
Possession of a cloned cellular telephone: Felony of the Third Degree (Fla. Stat. § 817.4821(2)) · Possession of interception instrument with intent to clone: Felony of the Second Degree (Fla. Stat. § 817.4821(3)) · Sale of a cloned cellular telephone: Felony of the Second Degree (Fla. Stat. § 817.4821(4)) · Possession of cloning paraphernalia with intent to use: Felony of the Second Degree (Fla. Stat. § 817.4821(5))
What are the penalties for cellular telephone counterfeiting offenses in Florida?
Penalties for cellular telephone counterfeiting offenses in Florida depend on how it is classified — from a Felony of the Third Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers cellular telephone counterfeiting offenses?
Cellular telephone counterfeiting offenses is governed by Fla. Stat. § 817.4821 (Cellular telephone counterfeiting offenses).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.