Intellectual Property Crimes

Florida Law states:

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.812.081 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.

This statute forbids modifying, destroying, taking or disclosing data stored on a computer. This includes data that is not a matter of public record, including intellectual property; trade secrets owned by a business; and certain records that must be kept confidential by law. The most well-known crime against intellectual property is illegally downloading music, movies and other copyrighted intellectual property, but it is not the only one.  The charge might also be leveled at employees who inappropriately access confidential health records or a former employer’s computer system, for example.

To be charged as a crime in Florida, it must be proven that the offense was done intentionally and without permission. If convicted, the offender can be sentenced with up to five years in prison, and the penalty may rise to 15 years if the unauthorized access was part of a scheme to defraud victims.

If you have been charged with an offense against intellectual property; it is essential that you call an professional Palm Beachdefense attorney. Menachem M. Mayberg is an experienced criminal defense lawyer in South Florida who offers free, confidential consultations on your case and your legal rights. You can reach us online or call (305) 695-8750 anytime — 24 hours a day, seven days a week.

For further reading, see Florida Statute 815.04: Offenses against intellectual property; public records exemption[C1] .