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/* R FRINGE COMMENTARY- Here with go with the Florida Computer
Crimes Act, Florida Statutes Chapter 815, F.S. 815.01, adopted in
1978. */
SECTION 815.01 Short title.-- This provisions of this act shall
be known, and may be cited as the "Florida Computer Crimes Act."
SECTION 815.02 Legislative intent. -- The Legislature finds and
declares that:
(1) Computer-related crime is a growing problem in government
as well as in the private sector.
(2) Computer-related crime occurs at great cost to the public
since losses for each incident of computer crime tend to be far
greater than the losses associated with each incident of other
white collar crime.
(3) The opportunities for computer-related crime in business
financial institutions, government programs, government records
and other business enterprises through the introduction of
fraudulent records into a computer system, the unauthorized use
of computers, the alteration or destruction of computerized
information or files, and the stealing of financial instruments,
data, and other assets are great.
(4) While various forms of computer crime might possibly be
the subject of criminal charges based on other provisions of
law, it is appropriate and desirable that a supplemental and
additional statute be provided which proscribes various forms of
computer abuse.
SECTION 815.03 Definitions-- As used in this chapter, unless the
context clearly requires otherwise:
(1) "Intellectual property" means data including programs.
(2) "Computer Program" means an ordered set of data
representing coded instructions or statements that when executed
by a computer cause the computer to process data.
(3) "Computer" means an internally programmed automatic device
that performs data processing.
(4) "Computer software" means a set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer system.
(5) "Computer system" means a set of related, connected or
unconnected, computer equipment, devices, or computer software.
devices, data communication circuits, and operating system
computer programs that make the system capable of performing data
processing tasks;
(6) "Computer network" means a set of related, remotely
connected devices and communication facilities including more
than one computer system with the capability to transmit data
among them through communication facilities.
(7) "Computer system services" means providing a computer
system or computer network to perform useful work.
/* Therefore trivial or unneeded processing is not "computer
system services! Egads. */
(8) "Property" means anything of value as defined in s.
810.011, and includes, but is not limited to, financial
instruments, information, including electronically produced data,
computer software and programs, in either machine-readable or
human-readable form, and any tangible or intangible item of
value.
(9) "Financial instrument" means any check, draft, money
order, certificate of deposit, letter of credit, bill of
exchange, credit card, or marketable security.
(10) "Access" means to approach, instruct, communicate with,
store data in, retrieve or intercept data from, or otherwise make
use of any resources of, a computer, computer system, or computer
network.
SECTION 815.04. Offenses against intellectual property. --
(1) Whoever willfully, knowingly, and without authorization
modifies data, programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or
computer network commits an offense against intellectual
property.
(2) Whoever willfully, knowingly, and without authorization
destroys data, programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or
computer network commits an offense against intellectual
property.
(3) Whoever willfully, knowingly, and without authorization
discloses or takes data, programs, or supporting documentation
which is a trade secret as defined in s. 810.081 or is
confidential as provided by law residing or existing internal or
external to a computer, computer system, or computer network
commits an offense against intellectual property.
(4)(a) Except as otherwise provided in this subsection, an
offense against intellectual property is a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(b) If the offense is committed for the purpose of devising
or executing any scheme or artifice to defraud or to obtain any
property, then the offender is guilty of a felony of the second
degree, punishable as provided in s. 775.082,s. 775.083, or s.
775.084.
SECTION 815.05. Offenses against computer equipment or supplies.
--
(1)(a) Whoever willfully, knowingly, and without
authorization modifies equipment or supplies used or intended to
be used in a computer, computer system, or
computer network, commits and offense against computer equipment
or supplies.
(b)(1) Except as provided in this paragraph, an offense
against computer equipment or supplies as provided in paragraph
(a) is a misdemeanor of the first degree, punishable as provided
in s. 775.082, s. 775.083 or s. 775.084.
2. If the offense is committed for the purpose of devising
or executing any scheme or artifice to defraud or to obtain any
property, then the offender is guilty of a felony of the third
degree, punishable as provided in s. 775.082,s. 775.083, or s.
775.084.
(2)(a) Whoever willfully, knowingly, and without
authorization destroys, takes, injures, or a damages equipment or
supplies used or intended to be used in a computer, computer
system, or computer network, commits and offense against computer
equipment or supplies.
(b)(1) Except as provided in this paragraph, an offense
against computer equipment or supplies as provided in paragraph
(a) is a misdemeanor of the first degree, punishable as provided
in s. 775.082, s. 775.083 or s. 775.084.
2. If the damage to such computer equipment or supplies or to
the computer,computer system, or computer network is greater than
$ 200 but less than $ 1,000, then the offender is guilty of a
felony of the third degree, punishable as is provided in s.
775.082, s. 775.083, or s. 775.084.
3. If the damage to such computer equipment or supplies or to
the computer , computer system, or computer network is $ 1,000 or
greater, or if there is an interruption or impairment of
governmental operation or public communication, transportation,
or supply of water, gas or other public service, then the
offender is guilty of a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
SECTION 815.06. Offenses against computer users. --
(1) Whoever willfully, knowingly and without authorization
access or causes to be accessed any computer, computer system,
or computer network; or whoever willfully, knowingly, and without
authorization denies or causes the denial of computer system
services to an authorized user of such computer system services,
which, in whole or part, is owned by, under contract to, or
operated for, on behalf of, or in conjunction with another
commits an offense against computer users.
(2)(a) Except as provided in this subsection, an offense
against computer users is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purposes of devising
or executing an scheme or artifice to defraud or to obtain an
property, then the offender is guilty of a felony in the second
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
SECTION 815.07 This chapter not exclusive.-- The provisions of
this chapter shall not be construed to preclude the applicability
of any other provision of the criminal law of this state which
presently applies or may in the future apply to any transaction
which violates this chapter, unless such provision is
inconsistent with the terms of this chapter.
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