Florida criminal charge
Unlawful access to stored communications; penalties in Florida
Unlawful access to stored communications; penalties is a criminal offense under Florida law, defined by Fla. Stat. § 934.21. 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. § 934.21.
What is the penalty for unlawful access to stored communications; penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Unlawful access - commercial advantage/malicious destruction/private gain, first offense — Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a first offense under this subsection.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Unlawful access - commercial advantage/malicious destruction/private gain, first offense — Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a first offense under this subsection.; 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 5 years (Unlawful access - commercial advantage/malicious destruction/private gain, subsequent offense — Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a subsequent offense under this subsection.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Unlawful access - commercial advantage/malicious destruction/private gain, subsequent offense — Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a subsequent offense under this subsection.; 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 (Unlawful access - all other cases — Applies to any case of unauthorized access under subsection (1) not committed for commercial advantage, malicious destruction or damage, or private commercial gain.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Unlawful access - all other cases — Applies to any case of unauthorized access under subsection (1) not committed for commercial advantage, malicious destruction or damage, or private commercial gain.; 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 unlawful access to stored communications; penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful access - commercial advantage/malicious destruction/private gain, first offense | Misdemeanor of the First Degree | Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a first offense under this subsection. | Fla. Stat. § 934.21(2)(a)1. |
| Unlawful access - commercial advantage/malicious destruction/private gain, subsequent offense | Felony of the Third Degree | Applies when the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, and it is a subsequent offense under this subsection. | Fla. Stat. § 934.21(2)(a)2. |
| Unlawful access - all other cases | Misdemeanor of the Second Degree | Applies to any case of unauthorized access under subsection (1) not committed for commercial advantage, malicious destruction or damage, or private commercial gain. | Fla. Stat. § 934.21(2)(b) |
Common questions about unlawful access to stored communications; penalties in Florida
Is unlawful access to stored communications; penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful access to stored communications; penalties ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 934.21.
Unlawful access - commercial advantage/malicious destruction/private gain, first offense: Misdemeanor of the First Degree (Fla. Stat. § 934.21(2)(a)1.) · Unlawful access - commercial advantage/malicious destruction/private gain, subsequent offense: Felony of the Third Degree (Fla. Stat. § 934.21(2)(a)2.) · Unlawful access - all other cases: Misdemeanor of the Second Degree (Fla. Stat. § 934.21(2)(b))
What are the penalties for unlawful access to stored communications; penalties in Florida?
Penalties for unlawful access to stored communications; penalties 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 unlawful access to stored communications; penalties?
Unlawful access to stored communications; penalties is governed by Fla. Stat. § 934.21 (Unlawful access to stored communications; penalties).
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.