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Florida statute

Fla. Stat. § 817.4821 — Cellular telephone counterfeiting offenses

Current through 2025 Florida Statutes

Part of Part I: False Pretenses and Frauds,generally, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 817.4821

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 817.4821Primary source, current through the 2025 Florida Statutes
(1) As used in this act, the term:(a) “Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property.(b) “Intercept” means to electronically capture, record, reveal, or otherwise access, the signals emitted or received during the operation of a cellular telephone without the consent of the sender or receiver thereof, by means of any instrument, device, or equipment.(c) “Electronic serial number” means the unique numerical algorithm that is programmed into the microchip of each cellular telephone by the manufacturer and is vital to the successful operation and billing of the telephone.(d) “Mobile identification number” means the cellular telephone number assigned to the cellular telephone by the cellular telephone carrier.(e) “Cellular telephone” means a communication device containing a unique electronic serial number that is programmed into its computer chip by its manufacturer and whose operation is dependent on the transmission of that electronic serial number along with a mobile identification number, which is assigned by the cellular telephone carrier, in the form of radio signals through cell sites and mobile switching stations.(f) “Cloned cellular telephone” or “counterfeit cellular telephone” means a cellular telephone whose electronic serial number has been altered from the electronic serial number that was programmed in the phone by the manufacturer.(g) “Cloning paraphernalia” means materials that, when possessed in combination, are necessary and capable of the creation of a cloned cellular telephone. These materials include scanners to intercept the electronic serial number and mobile identification number, cellular telephones, cables, EPROM chips, EPROM burners, software for programming the microchip of the cloned cellular telephone with a false electronic serial number and mobile identification number combination, a computer containing such software, and lists of electronic serial number and mobile identification number combinations. (2) A person who knowingly possesses a cloned cellular telephone commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) A person who 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 commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who knowingly sells a cloned cellular telephone commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) A person who knowingly possesses cloning paraphernalia with intent to use it to create cloned cellular telephones commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6)(a) Nothing herein shall make unlawful the possession or use of cloning paraphernalia, a cloned cellular telephone, or any intercept by a law enforcement officer or persons acting under the direction of a law enforcement officer in the course of a criminal investigation.(b) Nothing in this section shall make unlawful the possession or use of cloning paraphernalia or a cloned cellular telephone by a cellular telephone carrier.

Official sources

Legal terms used in this section

Questions this section answers

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))

Which Florida statute covers cellular telephone counterfeiting offenses?

Cellular telephone counterfeiting offenses is governed by Fla. Stat. § 817.4821 (Cellular telephone counterfeiting offenses).

This reference is informational and is not legal advice.