Florida criminal charge
Offenses against intellectual property in Florida
Offenses against intellectual property is a criminal offense under Florida law, defined by Fla. Stat. § 815.04. 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. § 815.04.
What is the penalty for offenses against intellectual property in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Offense against intellectual property — base offense — Applies to an offense against intellectual property under subsections (1)-(3), except as otherwise provided in subsection (4).) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Offense against intellectual property — base offense — Applies to an offense against intellectual property under subsections (1)-(3), except as otherwise provided in subsection (4).; 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 (Offense against intellectual property — committed to defraud or obtain property — Applies when the offense is committed for the purpose of devising or executing a scheme or artifice to defraud or to obtain any property.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Offense against intellectual property — committed to defraud or obtain property — Applies when the offense is committed for the purpose of devising or executing a scheme or artifice to defraud or to obtain any property.; 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 offenses against intellectual property classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Offense against intellectual property — base offense | Felony of the Third Degree | Applies to an offense against intellectual property under subsections (1)-(3), except as otherwise provided in subsection (4). | Fla. Stat. § 815.04(4)(a) |
| Offense against intellectual property — committed to defraud or obtain property | Felony of the Second Degree | Applies when the offense is committed for the purpose of devising or executing a scheme or artifice to defraud or to obtain any property. | Fla. Stat. § 815.04(4)(b) |
Common questions about offenses against intellectual property in Florida
Is offenses against intellectual property a felony or a misdemeanor in Florida?
It depends on the circumstances: offenses against intellectual property ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 815.04.
Offense against intellectual property — base offense: Felony of the Third Degree (Fla. Stat. § 815.04(4)(a)) · Offense against intellectual property — committed to defraud or obtain property: Felony of the Second Degree (Fla. Stat. § 815.04(4)(b))
What are the penalties for offenses against intellectual property in Florida?
Penalties for offenses against intellectual property 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 offenses against intellectual property?
Offenses against intellectual property is governed by Fla. Stat. § 815.04 (Offenses against intellectual property).
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.