Cybercrimes in Florida: Internet Fraud and Identity Theft

Introduction

Cybercrimes have become increasingly common in Florida as more financial transactions and personal data are handled online. Law enforcement agencies aggressively pursue individuals suspected of committing internet-related offenses, and the penalties for conviction can be severe.

This guide explains the most common types of cybercrimes in Florida, the penalties associated with them, and possible defenses for those accused of online fraud or identity theft.

Common Types of Cybercrimes in Florida

Cybercrimes involve the use of computers, the internet, or digital technology to commit fraud, theft, or other offenses. Some of the most common cybercrimes prosecuted in Florida include:

Identity Theft

Identity theft occurs when someone unlawfully obtains and uses another person’s personal or financial information without consent. This includes:

• Using stolen credit card numbers
• Creating fake IDs or driver’s licenses
• Filing fraudulent tax returns in someone else’s name
• Hacking into financial accounts

Internet Fraud

Internet fraud includes any scheme that deceives individuals or businesses through online platforms. Common examples include:

• Phishing scams that trick victims into providing sensitive information
• Fake e-commerce websites selling non-existent products
• Investment fraud, such as Ponzi schemes or cryptocurrency scams
• Romance scams that involve deceiving victims into sending money

Hacking and Unauthorized Access

Florida law makes it illegal to access another person’s computer, network, or email account without authorization. Charges may apply in cases involving:

• Breaking into computer systems to steal data
• Installing malware or spyware on another person’s device
• Unauthorized use of company databases or financial records

Cyberstalking and Online Harassment

Cyberstalking occurs when a person repeatedly harasses or threatens another individual online. This can include:

• Sending threatening emails or messages
• Posting personal or sensitive information about someone online (doxxing)
• Creating fake social media profiles to intimidate someone
• Repeatedly contacting someone despite requests to stop

Cyberstalking can be charged as a misdemeanor or felony depending on the severity of the harassment and whether the victim feared for their safety.

Penalties for Cybercrimes in Florida

The penalties for cybercrimes vary based on the offense and the amount of financial damage caused.

Identity Theft and Credit Card Fraud

• If the financial loss is under $300, the offense is a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
• If the loss is between $300 and $20,000, the charge is a third-degree felony, punishable by up to five years in prison.
• If the loss exceeds $100,000, the charge is a first-degree felony, punishable by up to 30 years in prison.

Internet Fraud

• Small-scale fraud may be charged as a misdemeanor with a maximum penalty of one year in jail.
• Large-scale fraud involving multiple victims or losses over $20,000 may be charged as a second-degree felony, carrying up to 15 years in prison.

Hacking and Unauthorized Access

• Unauthorized access to a computer system is a third-degree felony, punishable by up to five years in prison.
• Hacking into government or financial institution networks may result in first-degree felony charges.

Cyberstalking and Online Harassment

• First-time offenders may face a first-degree misdemeanor, with up to one year in jail.
• If the cyberstalking involves threats of violence or a restraining order violation, the charge may be elevated to a third-degree felony.

Defenses Against Cybercrime Charges

A cybercrime conviction can have serious consequences, but several legal defenses may apply depending on the circumstances of the case.

Lack of Intent

Many cybercrimes require proof that the accused acted with criminal intent. If the prosecution cannot establish intent, the charges may be dismissed.

Mistaken Identity

Cybercrimes often involve anonymous or stolen digital identities. If the prosecution cannot prove that the accused was the one who committed the crime, the case may be challenged.

Insufficient Evidence

Many cybercrime cases rely on digital evidence, such as IP addresses, emails, and transaction records. If law enforcement fails to establish a clear link between the accused and the crime, the charges may not hold up in court.

Unlawful Search and Seizure

If law enforcement officers conducted a search of a defendant’s computer, phone, or electronic records without a warrant, any evidence obtained may be inadmissible in court.

Consent Defense

In some hacking or unauthorized access cases, the accused may have had permission or authorization to access certain digital files or systems. If consent can be established, the charges may be dropped.

How a Criminal Defense Attorney Can Help

A strong defense is crucial when facing cybercrime charges, as convictions can lead to prison time, large fines, and a permanent criminal record. An experienced defense attorney can:

• Review digital evidence and challenge its validity
• Identify legal defenses to get charges reduced or dismissed
• Negotiate plea deals to avoid harsh sentencing
• Represent clients in court to fight the charges

At Bonderud Law, we have extensive experience defending individuals accused of cybercrimes. If you are facing charges related to internet fraud, identity theft, or online harassment, contact us today for a consultation.

Conclusion

Cybercrimes are taken seriously in Florida, and those accused of internet fraud, identity theft, or hacking can face significant penalties. Understanding the laws surrounding these offenses and seeking legal counsel immediately can help protect your rights and future.

If you or a loved one has been accused of a cybercrime, contacting an experienced defense attorney as soon as possible is the best way to build a strong legal defense.