Computer Crime Lawyer West Palm Beach

Before Computers

Once upon a time, the Ten Commandments alone were sufficient to cover a vast array of the types of sins that humankind was known to commit – theft, murder, bearing false witness… As time went on, however, and society grew more and more complex, the laws of man had to evolve to keep up with the ever expanding list of wrongdoings of which a person could be found culpable.

Think about it. How old are all of our traffic laws, for example? Only as old as the automobile, itself. Yet, over the past hundred or so years, as cars became more ubiquitous, more and more people have committed misdeeds associated with their vehicles. The fact is, as technology advances, so does the possibility that each new invention may become capable of generating ever new types of offenses – for which there constantly needs to be new categories of crime and punishment.

Computers and the Internet

Today, it is apparent that computers and the internet are an indelible part of contemporary life. So, it shouldn’t surprise anyone how often these new inventions are used to commit crimes. Indeed, in the modern “information age,” computer crime now plays a significant role in the growth of illegal activities, and as a result has fostered a concomitant increase in the number of new laws promulgated to punish those who abuse and misuse this new technology.

Although computers are obviously less deadly, than say, an automatic machine gun, computer crimes can still cause devastating damage to individuals, businesses, civic institutions, and even national governments because of the speed in which they can be perpetrated and the wide range of their deleterious effects. And while some traditional crimes, such as theft, fraud, and forgery, for instance, can easily be exacerbated by the use of computers, other crimes are brand new: hacking, cyber stalking, web defacement, trafficking in passwords, “page-jacking,” etc.

Categories of Cybercrime

Computer crime, sometimes called cybercrime, refers to any criminal activity that involves the use of a computer as a communication device, a target, and/or a storage device.

Communication Devices

For example, when used as a communication device, criminal activity involving a computer and the internet can include:

• Harassment
• Stalking
• Bullying
• Soliciting minors
• Propagating “worms, “viruses” and/or “malware”
• Trafficking in passwords
• Wire Fraud
• Transmitting copyrighted material
• Transmitting child pornography
• Money laundering

Computers as Targets

When a computer is a target, criminal activity can include:

• Unauthorized access
• Altering, deleting or stealing stored data
• Identity theft
• Access for fraudulent purposes
• Industrial espionage
• Infecting with worms, viruses and/or malware
• Cyber terrorism
• Cyber extortion
• Cyber warfare

Storage Devices

When used as a storage device, criminal activity can include:

• The storing of child pornography
• The storing of incriminating evidence
• The storing of unauthorized data

Criminal Statutes

The swiftly changing nature of computer technology, and the new offenses it continues to spawn, has made it difficult for governmental jurisdictions to keep up with the exploding growth of cybercrime. Added to that challenge is the fact that electronic data can just as easily, and quickly, traverse national and state borders as it can navigate across town. So the definitions, categories and potential punishments for cybercrime are nowhere near being standardized within and among countries.

In the US, both states and the federal government have laws that make various types of behavior involving computers illegal, and each has its own requirements and penalties. Some crimes are misdemeanors and some are felonies. Some convictions merely result in fines and/or probation, and some in prison terms.

Federal Laws

There are several federal statutes that seek to define computer-related offenses, including

• The Computer Fraud and Abuse Act of 1986 (CFAA) prohibits seven different types of cybercrime, including: electronic espionage; unauthorized access; intentionally browsing in or affecting a government computer; using a computer for fraud or theft; transmitting damaging programs; interstate trafficking of passwords; and extortion threats made to a protected computer. This law includes both misdemeanor and felony provisions with different penalties depending on the specific conduct displayed.
• The Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. § 2510-22 criminalizes eavesdropping on all forms of digital communications.
• The Economic Espionage Act of 1996 focuses on the protection of trade secrets of businesses and the government.
• The Communications Decency Act of 1996 and the Child Pornography Prevention Act of 1996 criminalize the luring of children via a computer and the transmission of child pornography.
• The No Electronic Theft Act of 1997 (NET Act) extended criminal copyright law to include the use of electronic means to steal copyrighted material.
• The Identity Theft and Assumption Deterrence Act of 1998 criminalizes identity theft.

Florida Computer Crime Laws

The Florida Computer Crimes Act (815 of the Florida Statutes) lists the various offenses that constitute criminal activity with respect to computers, computer systems, and computer networks in the State of Florida. It prohibits:

• Modifying, destroying, or stealing data, especially with respect to trade secrets and other intellectual property.
• Devising or executing schemes to defraud or obtain property via a computer or computer network.
• Unauthorized access.
• Damaging or destroying a computer, a computer system of computer network.
• Introducing a “contaminant” into any computer, computer system or computer network.
• Storing any data that is unlawfully obtained

Penalties for Computer-Related Crime in Florida

The penalties for computer crime in Florida depend on the specific offense:

• Hacking a computer or using intellectual property illegally qualifies as a third degree felony that is punishable by up to five years in prison, a fine of $5,000, or both (or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim).
• If the damage caused is more than $5,000, or if the hacking interrupts government work, public service, or leads to theft or fraud, the crime is considered a second degree felony, punishable by up to 15 years in prison, a fine of $10,000, or both (or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim).
• If the crime causes or could have caused loss of life, the crime is considered a felony in the first degree and a conviction can lead to life imprisonment.
• (Any unauthorized modification of equipment or supplies intended to be used in a computer, a computer system, or a computer network is considered a misdemeanor of the first degree.)

Frequently asked questions about computer and internet crime charges in Florida

What happens if police seize my phone or computer? 

If police seize your phone or computer, they need a warrant to search it, and they usually get one. Since Riley v. California (2014), police cannot search a phone's contents without a warrant even after an arrest, but they can hold the device while they apply for one. Do not volunteer your passcode. The appeals court that covers Palm Beach County has held that forcing someone to reveal a passcode is compelled testimony barred by the Fifth Amendment unless the State can already describe with particularity what is on the device (G.A.Q.L. v. State, Fla. 4th DCA 2018), though other Florida courts have gone the other way. The search warrant's scope, and whether the forensic examination stayed within it, is often the first thing we challenge. Do not remotely wipe a seized device; that can be charged as tampering with evidence.

Can I be charged based on my IP address alone? 

You can be investigated and even arrested based on an IP address alone, but an IP address identifies an internet account, not a person. In shared households, offices, or with open Wi-Fi, several people may use one connection, and courts have recognized that an IP address alone does not prove who was at the keyboard. Prosecutors know this, which is why they seek the device, the browsing history, and a statement. How the IP address was obtained, and whether the subpoena and warrant were valid, is a separate line of attack.

Should I talk to the detective who asked about my computer or online accounts? 

No, do not talk to a detective about your computer or online accounts without a lawyer. Computer crime investigations often begin with a knock and a friendly request to "help us figure this out," or a call about a report from an online platform. The detective is looking for an admission that a particular account or device is yours, which is the hardest thing for the State to prove otherwise. Say you want to speak with a lawyer first. That cannot be used against you. A lawyer can learn what platform report or tip started the investigation and handle any further contact.

Can I get bond on a computer pornography charge in Florida? 

Bond is not automatic on a computer pornography charge in Florida, and the rules changed in 2026. Computer pornography and child exploitation offenses under Fla. Stat. 847.0135 were added to Florida's list of "dangerous crimes" in 2026 (House Bill 445), so the bond schedule does not apply and the first appearance judge in West Palm Beach decides whether to set bond and on what conditions, often including no internet access and GPS monitoring. Since July 1, 2026, a plea or guilty verdict on any dangerous crime means immediate custody until sentencing under Missy's Law. Federal charges for the same conduct carry a presumption of detention.

Is accessing someone else's account without permission a crime in Florida? 

Yes, accessing someone else's account without permission is a crime in Florida, even without stealing or damaging anything. The Computer Crimes Act makes it a third degree felony, up to 5 years, to willfully access a computer, network, or account without authorization, or to exceed the access you were given (Fla. Stat. 815.06). Logging into an ex's email or social media, using a former employer's system after leaving, or reading a spouse's messages can all be charged. Federal law covers the same conduct (18 U.S.C. 1030). Whether access was authorized, and how the State proves you were the one who did it, are the central questions.

What is the difference between state and federal computer crime charges? 

The difference between state and federal computer crime charges is who investigates and how much time is at stake. West Palm Beach police and the Palm Beach County Sheriff's Office handle most hacking, harassment, and unauthorized access cases under Florida statutes. Cases involving images of minors, large scale fraud, or victims in other states are often referred to the FBI or Homeland Security Investigations and charged federally, where receiving or distributing child pornography carries a 5 year mandatory minimum and producing it 15 years and the sentencing guidelines add years for the number of images and their content. The same conduct can be charged in both systems, and an early state case is often a preview of a federal one.

Can a computer crime charge be sealed in Florida? 

Some computer crime charges can be sealed in Florida. Unauthorized access and most fraud related computer offenses are not on Florida's list of excluded offenses, so someone who receives a withhold of adjudication and has no other convictions can usually seal the record (Fla. Stat. 943.059). Any offense involving child pornography, computer pornography, or solicitation of a minor is permanently excluded and also requires sex offender registration. If the charge is dropped or dismissed, including after the search of the device is suppressed, the arrest record can be expunged.

Contact an aggressive criminal defense lawyer that is experienced with cyber and computer-related charges in West Palm Beach

If you have questions regarding computer or internet-related crimes, please do not hesitate to contact us for a free consultation so we can review your case. We are happy to meet or speak with you anytime. 

Our legal team is experienced, aggressive, compassionate, and will fight for your rights!