Arrested for Stealing Files on the Internet

May 4, 2012 by wsadmin

Computer crimes, or cyber crimes, are varied and include identity theft, hacking into emails, introducing malicious software, and unlawfully downloading music.

Florida has the Florida Computer Crime Act, which prohibits and punishes unauthorized access to a computer or its system; as well as an unauthorized act that alters, modifies, or destroys information in a computer, computer system or network. It also makes it a crime to steal trade secrets and confidential information through computer activities.

Unauthorized Use

The prosecution must prove you intentionally or knowingly participated in a computer activity that was unauthorized. Hacking into another person’s email or stealing a file for your own use could be charged as a third degree felony in Florida, which carries a prison term up to 5 years and/or a fine up to $5,000.

A theft of intellectual property such as trade secrets or customer lists is generally a third degree felony.

Fraud and Disruption of Public Services

If you were attempting to commit fraud or theft by stealing someone’s financial or confidential information for your own economic benefit, or to disrupt public services or governmental activities, then the offense could be a second degree felony. This carries a possible prison sentence of up to 15 years and/or a fine up to $10,000.

Endangering Human Life

It is a first degree felony if stealing files endangers human life, which can subject you to incarceration up to 30 years.

Defenses

If you had a reasonable belief that you had the authority to download certain confidential files, such as a poorly written or invalid non-compete or non-disclosure agreement with your employer, you could have a viable defense.

Your attorney could show that either your employer lacked a non-disclosure agreement, that it was too restrictive, or that the information contained in the files were not trade secrets or there was no legitimate business purpose involved.

Further, if you could show your access to certain files was unintentional or unwittingly performed, you could demonstrate the lack of criminal intent.

Only a highly experienced and skilled criminal defense attorney who has defended clients involved in stealing files on the internet can properly advise and defend you against cyber crime offenses.

You face considerable prison time and loss of your basic civil rights if you are convicted, as well as significant obstacles as a convicted felon when you are released. Travis Williams is an experienced attorney that can handle these types of complex crimes. Contact his office today at 407-425-4755.


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