Image of attorneys and staff at Brunvand & Wise Law Group

The Strong Defense
You Deserve

What is a cybercrime, and is it a federal charge?

On Behalf of | Apr 2, 2025 | White Collar Crimes

Cybercrimes are becoming more common as digital platforms grow. But what exactly is a cybercrime, and how does it get charged? Understanding whether a cybercrime falls under state or federal jurisdiction can be confusing. This post explains what a cybercrime is and whether it can lead to federal charges.

What is considered a cybercrime?

A cybercrime involves any criminal activity using a computer or digital device. These crimes include hacking, identity theft, online fraud, spreading malware, and cyberbullying. Cybercrimes can affect individuals, businesses, or governments, especially when they involve unauthorized access to someone else’s data.

Examples include phishing scams, financial fraud, or other forms of online deceit. In Florida, state laws specifically cover these types of crimes. If someone uses a computer for illegal purposes, it could lead to serious legal consequences.

Florida laws on cybercrime

Florida Statutes 815.06 makes it illegal to access or disrupt another person’s computer or network without permission. This includes altering data, deleting files, or using a system for harmful purposes. A conviction could result in fines and imprisonment.

Florida also has strict laws against identity theft and online fraud. If someone commits these crimes using a digital device, they face harsh penalties. The more serious the crime and the more damage it causes, the more severe the penalties may be.

Is cybercrime a federal charge?

Some cybercrimes are federal offenses, especially if they involve crossing state lines or have a national impact. The Federal Computer Fraud and Abuse Act (CFAA) criminalizes unauthorized access to computer systems or data theft. If the crime involves interstate commerce or national security, federal authorities may take over the case.

In many cases, however, cybercrimes begin as state-level offenses. Florida can prosecute cybercrimes that don’t have broader national implications, but federal charges can apply if the crime affects multiple states or has a larger scale.

Penalties for cybercrimes

Penalties depend on whether the charge is state or federal. Florida state-level charges can result in fines, probation, or jail time. Federal charges tend to involve higher fines and longer sentences.

Categories

Archives