Florida criminal charge
Interception and disclosure of wire, oral, or electronic communications prohibited in Florida
Interception and disclosure of wire, oral, or electronic communications prohibited is a criminal offense under Florida law, defined by Fla. Stat. § 934.03. 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. § 934.03.
What is the penalty for interception and disclosure of wire, oral, or electronic communications prohibited in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Base violation of subsection (1) — Whoever violates subsection (1) is guilty of a felony of the third degree, except as provided in paragraph (b).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Base violation of subsection (1) — Whoever violates subsection (1) is guilty of a felony of the third degree, except as provided in paragraph (b).; 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 1 year (First offense, non-tortious, non-commercial, unscrambled radio communication (non-cellular/cordless/paging) — First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is not cellular, cordless handset-to-base, public land mobile, or paging service, and not conduct described in (2)(h)7.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (First offense, non-tortious, non-commercial, unscrambled radio communication (non-cellular/cordless/paging) — First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is not cellular, cordless handset-to-base, public land mobile, or paging service, and not conduct described in (2)(h)7.; 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 60 days (First offense, non-tortious, non-commercial, unscrambled cellular/cordless/paging radio communication — First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, cordless telephone handset-to-base, public land mobile, or paging service communication.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (First offense, non-tortious, non-commercial, unscrambled cellular/cordless/paging radio communication — First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, cordless telephone handset-to-base, public land mobile, or paging service communication.; 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 interception and disclosure of wire, oral, or electronic communications prohibited classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base violation of subsection (1) | Felony of the Third Degree | Whoever violates subsection (1) is guilty of a felony of the third degree, except as provided in paragraph (b). | Fla. Stat. § 934.03(4)(a) |
| First offense, non-tortious, non-commercial, unscrambled radio communication (non-cellular/cordless/paging) | Misdemeanor of the First Degree | First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is not cellular, cordless handset-to-base, public land mobile, or paging service, and not conduct described in (2)(h)7. | Fla. Stat. § 934.03(4)(b)1. |
| First offense, non-tortious, non-commercial, unscrambled cellular/cordless/paging radio communication | Misdemeanor of the Second Degree | First offense not for a tortious/illegal purpose or commercial advantage, involving an unscrambled/unencrypted radio communication that is the radio portion of a cellular telephone, cordless telephone handset-to-base, public land mobile, or paging service communication. | Fla. Stat. § 934.03(4)(b)2. |
Common questions about interception and disclosure of wire, oral, or electronic communications prohibited in Florida
Is interception and disclosure of wire, oral, or electronic communications prohibited a felony or a misdemeanor in Florida?
It depends on the circumstances: interception and disclosure of wire, oral, or electronic communications prohibited ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 934.03.
Base violation of subsection (1): Felony of the Third Degree (Fla. Stat. § 934.03(4)(a)) · First offense, non-tortious, non-commercial, unscrambled radio communication (non-cellular/cordless/paging): Misdemeanor of the First Degree (Fla. Stat. § 934.03(4)(b)1.) · First offense, non-tortious, non-commercial, unscrambled cellular/cordless/paging radio communication: Misdemeanor of the Second Degree (Fla. Stat. § 934.03(4)(b)2.)
What are the penalties for interception and disclosure of wire, oral, or electronic communications prohibited in Florida?
Penalties for interception and disclosure of wire, oral, or electronic communications prohibited in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third 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 interception and disclosure of wire, oral, or electronic communications prohibited?
Interception and disclosure of wire, oral, or electronic communications prohibited is governed by Fla. Stat. § 934.03 (Interception and disclosure of wire, oral, or electronic communications prohibited).
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.