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Florida statute

Fla. Stat. § 934.21 — Unlawful access to stored communications; penalties

Current through 2025 Florida Statutes

Part of Chapter 934: Security of Communications; Surveillance, Florida Statutes.

Criminal charges under this statute

Full text of Fla. Stat. § 934.21

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. § 934.21Primary source, current through the 2025 Florida Statutes
(1) Except as provided in subsection (3), whoever:(a) Intentionally accesses without authorization a facility through which an electronic communication service is provided, or(b) Intentionally exceeds an authorization to access such facility,and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (2). (2) The punishment for an offense under subsection (1) is as follows:(a) If the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, the person is:1. In the case of a first offense under this subsection, guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 934.41.2. In the case of any subsequent offense under this subsection, guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.(b) In any other case, the person is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (3) Subsection (1) does not apply with respect to conduct authorized:(a) By the person or entity providing a wire or electronic communications service;(b) By a user of a wire or electronic communications service with respect to a communication of or intended for that user; or(c) In s. 934.09, s. 934.23, or s. 934.24.

Official sources

Legal terms used in this section

Questions this section answers

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))

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).

This reference is informational and is not legal advice.