Florida criminal charge
Unlawful use of police communications; enhanced penalties in Florida
Unlawful use of police communications; enhanced penalties is a criminal offense under Florida law, defined by Fla. Stat. § 843.167. 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. § 843.167.
What is the penalty for unlawful use of police communications; enhanced penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Enhancement — misdemeanor of the second degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the second degree, it is punished as a misdemeanor of the first degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Enhancement — misdemeanor of the second degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the second degree, it is punished as a misdemeanor of the first degree.; 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 (Enhancement — misdemeanor of the first degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the first degree, it is punished as a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Enhancement — misdemeanor of the first degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the first degree, it is punished as a felony of the third degree.; 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 (Enhancement — felony of the third degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the third degree, it is punished as a felony of the second degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Enhancement — felony of the third degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the third degree, it is punished as a felony of the second degree.; 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 30 years (Enhancement — felony of the second degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the second degree, it is punished as a felony of the first degree.; when specifically provided by statute, a term of years not exceeding life imprisonment (s. 775.082(3)(b)1.)) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Enhancement — felony of the second degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the second degree, it is punished as a felony of the first degree.; 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 | Enhancement — felony of the first degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the first degree, it is punished as a life felony.; imprisonment for life or a term of years not exceeding life imprisonment (s. 775.082(3)(a)3.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $15,000 (Enhancement — felony of the first degree elevated — When the underlying crime committed while violating paragraph (1)(a) is a felony of the first degree, it is punished as a life felony.; 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 (Divulging police communication to a suspect — A person who violates paragraph (1)(b) by divulging a police radio communication to a known suspect commits a misdemeanor of the first degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Divulging police communication to a suspect — A person who violates paragraph (1)(b) by divulging a police radio communication to a known suspect commits a misdemeanor of the first degree.; 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 use of police communications; enhanced penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Enhancement — misdemeanor of the second degree elevated | Misdemeanor of the First Degree | When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the second degree, it is punished as a misdemeanor of the first degree. | Fla. Stat. § 843.167(3)(a) |
| Enhancement — misdemeanor of the first degree elevated | Felony of the Third Degree | When the underlying crime committed while violating paragraph (1)(a) is a misdemeanor of the first degree, it is punished as a felony of the third degree. | Fla. Stat. § 843.167(3)(b) |
| Enhancement — felony of the third degree elevated | Felony of the Second Degree | When the underlying crime committed while violating paragraph (1)(a) is a felony of the third degree, it is punished as a felony of the second degree. | Fla. Stat. § 843.167(3)(c) |
| Enhancement — felony of the second degree elevated | Felony of the First Degree | When the underlying crime committed while violating paragraph (1)(a) is a felony of the second degree, it is punished as a felony of the first degree. | Fla. Stat. § 843.167(3)(d) |
| Enhancement — felony of the first degree elevated | Life Felony | When the underlying crime committed while violating paragraph (1)(a) is a felony of the first degree, it is punished as a life felony. | Fla. Stat. § 843.167(3)(e) |
| Divulging police communication to a suspect | Misdemeanor of the First Degree | A person who violates paragraph (1)(b) by divulging a police radio communication to a known suspect commits a misdemeanor of the first degree. | Fla. Stat. § 843.167(4) |
Common questions about unlawful use of police communications; enhanced penalties in Florida
Is unlawful use of police communications; enhanced penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: unlawful use of police communications; enhanced penalties ranges from a Misdemeanor of the First Degree to a Life Felony in Florida under Fla. Stat. § 843.167.
Enhancement — misdemeanor of the second degree elevated: Misdemeanor of the First Degree (Fla. Stat. § 843.167(3)(a)) · Enhancement — misdemeanor of the first degree elevated: Felony of the Third Degree (Fla. Stat. § 843.167(3)(b)) · Enhancement — felony of the third degree elevated: Felony of the Second Degree (Fla. Stat. § 843.167(3)(c)) · Enhancement — felony of the second degree elevated: Felony of the First Degree (Fla. Stat. § 843.167(3)(d)) · Enhancement — felony of the first degree elevated: Life Felony (Fla. Stat. § 843.167(3)(e)) · Divulging police communication to a suspect: Misdemeanor of the First Degree (Fla. Stat. § 843.167(4))
What are the penalties for unlawful use of police communications; enhanced penalties in Florida?
Penalties for unlawful use of police communications; enhanced penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Life Felony — 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 use of police communications; enhanced penalties?
Unlawful use of police communications; enhanced penalties is governed by Fla. Stat. § 843.167 (Unlawful use of police communications; enhanced 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.