Florida Statute 847: Cyber Crimes
In the digital age, internet laws are pivotal in safeguarding individuals and maintaining order
online. Florida, like many states, has a detailed legislative framework to tackle cybercrimes.
Florida Statute 847 is a set of obscenity laws designed to address various illegal activities that
occur in cyberspace.
This article will explain Florida Statute 847, which covers cyber crimes. Remember, this is only a
broad overview. For specific questions related to investigation or prosecution, contact a Board
Certified Specialist in criminal law.
Legal defenses and elements of the offenses will be covered in a follow up article.
Florida Statute 847 Cyber Crimes Definitions and Subsections
Florida Statute 847 covers Florida laws that deal with sexual offenses as cyber crimes. The
possession and distribution of obscene materials, exploitation of minors, and other illicit
activities conducted via the internet are discussed below.
As technology evolves, so do the methods of committing crimes. Legislation like Florida Statute
847 is updated regularly to cover new forms of cyber misconduct. At the same time, this
constant government tinkering makes it easier for innocent citizens to become falsely accused.
Key Provisions of this Statute
Florida laws are divided into several statute sections. In Florida Statute 847, each addresses
different cyber crimes:
● 847.011 focuses on the prohibition of obscene literature and related offenses.
● 847.012 specifies the law regarding unlawful distribution of obscene material to minors.
● 847.0133 outlines the regulations against the solicitation of minors via electronic devices.
● 847.0135 is particularly important as it covers the transmission of material harmful to
minors and computer pornography.
● 847.0138 relates to the disclosure of confidential information.
Addressing Child Exploitation and Pornography
One of the main focuses of Florida Statute 847 is the protection of minors from exploitation and
pornography. These laws are stringent, with severe penalties for those who violate them,
including potential felony charges. The statute aims to prevent the use of the internet as a tool
for exploiting children and other vulnerable people. This exploitation may be by distribution of
explicit materials, solicitation, or other harmful activities.
Implications for Florida Residents
For residents of Florida, these laws mean that certain online behaviors can have legal
consequences. It is essential for individuals to be aware of the boundaries set by Florida Statute
847, as ignorance of the law is not a defense in the eyes of the court.
Legal Consequences of Cyber Crimes
Violations of Florida Statute 847 can result in fines, imprisonment, or both. The severity of the
penalty typically depends on the nature of the crime and whether the offender has a history of
similar offenses. For example, distributing obscene material to minors can result in a
third-degree felony charge, which carries a potential sentence of up to 5 years in prison and a
$5,000 fine.
Awareness and Prevention
Awareness is key to preventing the commission of cyber crimes. Florida residents should be
educated about internet laws and the potential risks of certain online activities. Parents, in
particular, need to be vigilant about their children’s internet usage and educate them on safe
online practices.
Cyber Security and Protection Measures
In addition to legal consequences, Florida Statute 847 also encourages individuals and
businesses to take proactive steps in protecting themselves against cyber crimes. This includes
using secure passwords, updating software regularly, and being cautious about sharing
personal information online.
Tips for Staying Safe Online
To stay within the confines of the law and protect oneself from cyber crimes, here are some tips:
● Use Strong Passwords: Choose passwords that are difficult to guess and include a mix of
letters, numbers, and symbols.
● Keep Software Updated: Regularly update your operating system and software to protect
against vulnerabilities.
● Be Wary of Suspicious Links: Avoid clicking on links or downloading attachments from
unknown or untrusted sources.
● Educate Yourself: Familiarize yourself with the latest online scams and methods used by
cybercriminals.
Importance of Cyber Security Education
Education plays a vital role in cyber security. Organizations and educational institutions should
provide training on internet safety and the importance of adhering to cyber laws.
How Businesses Can Comply with Internet Laws
Businesses operating in Florida must also adhere to the provisions of Florida Statute 847. This
means implementing policies and procedures that prevent the distribution of illegal content and
ensuring that their platforms are not used for unlawful activities.
Developing a Compliance Strategy
Businesses should develop a comprehensive compliance strategy that includes:
● Employee Training: Train employees on internet laws and company policies regarding
online conduct.
● Content Monitoring: Monitor content to ensure that nothing illegal is being shared or
distributed through the business’s networks.
● Legal Consultation: Consult with legal experts to stay updated on the latest changes to
internet laws and ensure compliance.
The Role of Technology in Compliance
Technology can aid businesses in complying with Florida Statute 847. Tools such as content
filters, monitoring software, and secure communication platforms can help prevent the misuse of
the internet and protect against cyber crimes.
Updates and Revisions to Florida Statute 847
The digital landscape is ever-changing, and so are the laws that govern it. Florida Statute 847 is
subject to updates and revisions to keep pace with the evolution of technology and new types of
cyber crimes.
Staying Informed About Legal Changes
It is crucial for Florida residents and businesses to stay informed about any changes to internet
laws. This can be done by:
● Regularly Checking Legal Resources: Keep an eye on official state websites and legal
resources for updates on internet laws.
● Attending Seminars and Workshops: Participate in seminars and workshops that discuss
changes in cyber law and best practices for compliance.
● Engaging with Online Communities: Join online forums and communities where legal
experts and peers share information and insights on internet laws.
Conclusion
Florida Statute 847 is an integral part of maintaining safety and order in the digital realm for the
state’s residents and businesses. Understanding and complying with these laws is not just a
legal obligation but also a measure of good digital citizenship. By staying informed, taking
proactive security measures, and fostering awareness, we can all contribute to a safer online
environment.
Charged with a cyber crime in Florida? Contact Cobb Criminal Defense Law Firm online today to book a consultation.
Computer Sex Crimes in Florida
In the digital age, the landscape of crime has evolved.
Computer sex crimes in Florida have become a pressing issue. Especially if you are falsely accused.
These crimes, facilitated by the internet, pose unique challenges to law enforcement. They also have devastating effects on victims and society.
This article delves into the complex world of computer sex crimes in Florida. It explores the legal framework, the prevalence of these crimes, and their consequences.
We also discuss the role of cyber defense in combating these crimes.
Our aim is to provide a comprehensive understanding of this issue, its impact, and the measures taken to address it.
Understanding Computer Sex Crimes in Florida
Computer sex crimes encompass a range of illegal activities. Often referred to as “cybercrime” in Florida, these activities involve the use of computers or the internet for sexual exploitation or harm.
In Florida, these crimes include online solicitation of minors, distribution of child pornography, and cyberstalking. Cyber defense is a phrase often used regarding the prevention or post-arrest legal defenses for such allegations.
The internet appears to provide a veil of anonymity for perpetrators. This makes these crimes particularly challenging to prevent and prosecute. Worse, false allegations are increasingly likely as the government continues to flood the Internet with child pornography and lure everyday citizens into committing crimes they otherwise would never have considered.
Victims of these crimes often suffer long-term psychological trauma.
Understanding the nature of these crimes is the first step towards effective prevention and response.
The Legal Framework of Cybercrime in Florida
Florida has stringent laws to combat computer sex crimes.
The Florida Computer Crimes Act outlines various offenses and penalties.
These include unauthorized access to computer systems, transmission of harmful material to minors, and cyberstalking.
Perpetrators can face severe penalties, including imprisonment and hefty fines.
The legal framework also includes provisions for:
- Victim restitution
- Seizure and forfeiture of equipment used in the crime
- Mandatory registration as a sex offender
Statistics: The Prevalence of Computer Sex Crimes in Florida
Computer sex crimes are alarmingly prevalent in Florida.
The Florida Department of Law Enforcement reported a significant increase in these crimes in recent years.
The rise of social media and online communication platforms has contributed to this trend.
Understanding these statistics is crucial in formulating effective strategies to combat these crimes.
The Consequences of Computer Sex Crimes
Computer sex crimes have far-reaching consequences.
For the perpetrators, these crimes can lead to severe legal penalties.
For the victims, the impact can be devastating, leading to long-term psychological trauma.
The societal implications are also significant, eroding trust in digital platforms and causing widespread fear and anxiety.
Cyber law crimes also strain law enforcement resources, as they require specialized skills and tools to investigate.
Understanding these consequences is crucial in highlighting the seriousness of these offenses.
Legal Penalties for Offenders
The legal penalties for computer sex crimes in Florida are severe.
Convicted offenders can face:
- Imprisonment, with sentences ranging from a few years to life, depending on the severity of the crime
- Fines, which can amount to thousands of dollars
- Mandatory registration as a sex offender, which can have lifelong implications
These penalties serve as a deterrent, but they also underscore the gravity of these crimes.
Impact on Victims and Society
The impact of computer sex crimes on victims is profound.
Victims often suffer from psychological trauma, including depression, anxiety, and post-traumatic stress disorder.
The societal impact is also significant.
These crimes can erode trust in digital platforms, making users wary of online interactions.
Cyber Defense: Combating Computer Sex Crimes
Cyber defense plays a crucial role in combating computer sex crimes.
It involves implementing security measures to protect digital platforms from exploitation.
This includes the use of firewalls, encryption, and secure communication channels.
Effective cyber defense can deter potential offenders and protect potential victims.
Role of Cybersecurity Education
Education is a key component of cyber defense.
By educating users about the risks and signs of computer sex crimes, we can empower them to protect themselves and report suspicious activities.
The Process of Reporting and Investigation
The process of reporting computer sex crimes in Florida is straightforward.
Victims or witnesses can report to local law enforcement or the Florida Department of Law Enforcement (FDLE).
The FDLE’s Cybercrime Unit is equipped to handle such cases.
They work closely with other state and federal agencies to investigate and prosecute offenders.
Digital Forensics and Law Enforcement Challenges
Investigating computer sex crimes presents unique challenges.
Law enforcement must navigate complex digital landscapes, often dealing with encrypted data and anonymous identities.
Digital forensics plays a crucial role in these investigations, helping to uncover digital evidence.
However, the rapid pace of technological change and the borderless nature of the internet continue to pose significant challenges.
The Future of Cyber Law and Defense in Florida
The future of cyber law and defense in Florida is dynamic.
As technology evolves, so too must the laws and defenses against computer sex crimes.
The state is committed to staying ahead of the curve, constantly updating its legal and defense strategies.
This includes enhancing cyber defense capabilities and refining cyber law to address emerging threats.
Updating Laws to Keep Pace with Technology
Keeping laws updated to match the pace of technology is crucial.
Florida is proactive in this regard, regularly reviewing and amending its cyber laws.
The Importance of Public Awareness and Education
Public awareness and education are key in preventing computer sex crimes.
Florida is investing in campaigns to educate the public about the risks and how to protect themselves online.
Conclusion
Computer sex crimes in Florida are a serious concern.
Through robust cyber laws, effective cyber defense, and public education, Florida is committed to combating this menace and ensuring the safety of its citizens online.
If you have been accused of a cyber sex crime in Florida, contact Cobb Criminal Defense Law Firm online today to book a consultation and start the path towards fighting for your rights and protecting your freedom.
If you’ve been arrested in Florida, then even before you get in touch with a criminal law attorney, there are steps you can take to protect your rights and get the best possible outcome. At the Cobb Law Firm in Destin, FL, we have a wealth of experience in this area of the law, and can both advise you on steps to take and fight your case if you have to go to court.
Challenging Criminal Accusations: 8 Steps to Take After Being Arrested
Remain Calm
It’s easy for emotions to run high, but do your best to stay calm and composed during and after the arrest. Avoid arguing with law enforcement officers or resisting arrest, as this could escalate the situation and lead to additional charges.
Cooperate with Law Enforcement
It is good to comply with all lawful orders from law enforcement officers, such as submitting to lawful searches. You should also give basic identifying information to an officer when asked: this would include giving your name and address. However, you have the right to remain silent and refrain from answering any other questions without an attorney present. Remember that anything you say can be used against you in court, so avoid being drawn into conversation.
Read the rest of this entry »Facing criminal charges in Florida is no joke, and the state takes crime very seriously. Your freedom, reputation, and future may hang in the balance, so hiring the right criminal defense attorney is one of the most critical decisions you’ll ever make.
6 Tips for Hiring a Criminal Defense Attorney in Walton Beach, FL
1. Focus on Experience and Specialization
The law is a vast field, so look for an attorney who has significant experience specifically in criminal defense and, ideally, in handling cases similar to yours. Ask about their track record, success rate, and overall knowledge of Florida’s criminal procedures and laws. Seek out a lawyer who specializes in the type of crime with which you’ve been accused.
2. Prioritize Communication Skills and Responsiveness
You need a lawyer who is a clear and effective communicator, both in the courtroom and with you. They should be able to explain complex legal concepts, potential defenses, and the likely outcomes of your case in a way you understand. Responsiveness is also critical. A good criminal defense lawyer should promptly return your calls, emails, and address your concerns in a timely manner.
Read the rest of this entry »Top Assault and Battery Lawyers Near Me
Searching like crazy for assault and battery lawyers near me? When facing charges of assault and battery, you need a skilled and experienced defense attorney on your side.
Assault and battery charges can have serious consequences, including jail or prison time. No one wants errors which result in a permanent criminal record. That’s why it’s essential to find the best assault and battery lawyer to represent you, rather than the cheapest.
Read the rest of this entry »Being charged with a crime in Florida is a serious matter. Whether it’s a misdemeanor like disorderly conduct or a serious felony like drug trafficking, you need to understand the process and your rights to protect yourself. Here’s a brief explanation from a criminal defense lawyer serving Crestview, FL on what to expect when facing criminal charges in Crestview.
What to Expect When Facing Criminal Charges in Crestview, FL: A Criminal Defense Lawyer Explains
The Initial Arrest
The first step in the criminal justice process is often an arrest. Law enforcement officers may arrest you based on probable cause, meaning they have a reasonable belief that you have committed a crime. During the arrest, you have the right to remain silent. It’s advisable to politely invoke this right and refrain from giving any statements without consulting an attorney.
Booking and Bail
Following an arrest, you will be transported to the Okaloosa County Jail for booking. This process involves the gathering of basic personal details, fingerprinting, and photographing. A judge will then determine whether you are eligible for bail. Bail is a sum of money paid to ensure your appearance in court. The amount of bail will depend on the severity of the charges and other factors deemed relevant by the judge.
Read the rest of this entry »Navigating the Criminal Justice System in Destin, FL
A criminal charge can turn your world upside down, and the legal process to deal with it is complex and intimidating: only more so when you realize that your future depends on the outcome. If you or someone you care about is facing charges in Destin, FL, having the right legal representation makes a critical difference. Let’s discuss the process and why a strong defense team and an experienced criminal lawyer is so important.
The Stages of a Criminal Case in Destin, FL
After an arrest, your case will typically proceed through several stages. The first appearance before a judge is where you’ll be informed of the charges and bail may be determined. This is also where your attorney can begin advocating to secure your release or negotiate more favorable release conditions. Next, at your arraignment, you formally enter your plea. If you plead “not guilty,” the discovery process begins. This is where your attorney examines evidence gathered by the prosecution and can conduct their own investigation, potentially uncovering weaknesses in the case against you.
Throughout these early stages, your attorney may explore plea negotiations with the prosecution. Plea negotiations can take quite a lot of back and forth, so having a skilled negotiator can make the difference between a harsh sentence and a more favorable resolution. If a plea agreement cannot be reached, your case proceeds to trial. This is where a judge or jury will decide your guilt or innocence, and you’ll want an experienced lawyer who knows how to cross-examine any witnesses against you and put the evidence in the best possible light for you.
Read the rest of this entry »Florida Arrest Warrants: A Comprehensive Guide
Active arrest warrants are very specific legal documents. An arrest warrant will be ordered by a judge after review for probable cause to believe a crime has been committed. An active arrest warrant means Florida law authorizes an arrest.
Cobb Criminal Defense does more than a search engine check with pre-arrest representation. Searches for “arrest warrant florida” or “active warrants florida” produce different search and advertiser results.
Search engines are not designed to produce qualitative search results. These Big Tech algorithms are privacy invasive ad servers. Florida criminal defense attorneys perform investigations regarding Florida warrants routinely.
What is an Active as Opposed to an Inactive Arrest Warrant (Florida)?
There are several types of active “warrants” issued by a County or Circuit Court judge. A warrant may be inactive for several reasons. Warrant recall, arrest of the defendant or lack of legal validity. One of the first defenses we look for is whether a warrant is legally valid.
Read the rest of this entry »Fort Walton Beach Criminal Defense Attorney
If someone you love has been charged with a crime in Fort Walton Beach, you need a skilled and experienced criminal defense attorney. The consequences of a criminal conviction can be severe and long-lasting, affecting your personal and professional life. That’s why it’s important to understand the role of a defense lawyer.
What is a Criminal Defense Attorney?
A criminal defense attorney is a legal professional who focuses on defending individuals charged with criminal offenses. Some practice in other areas of law while some limit their practice like we do.
The best criminal defense attorneys are specialists certified by the Florida Bar.
The Importance of Hiring a Criminal Defense Lawyer
Facing criminal charges can be a daunting and overwhelming experience. You already know of the risk of harsh penalties such as fines, probation, jail or prison time.
A criminal defense lawyer can help protect your rights and fight for the best possible outcome for your case. They will work to investigate the charges against you, gather evidence, and build a strong defense strategy.
Read the rest of this entry »Lewd or Lascivious Molestation Meaning: 800.04
Lewd or lascivious molestation is a crime that involves sexual activity with a minor under the age of 16. Florida does not have a criminal charge named “rape” but has “sexual battery” instead.
Likewise, Florida does not have a crime named “child molestation” and has Florida Statute 800.04(5). Generally, 800.04 is a sex offense statute different from 794, the Florida Sexual Battery statute. The key difference centers on the law of legal consent to engage in sexual relations.
This is defined by Florida statute section 800.04 (5)(a) and (b). The definition is complex and long:
- Lewd or Lascivious molestation involves intentional touching of specific areas of the human body. These areas include the breasts, genitals, genital area, or buttocks, of a person less than 16 years of age. Touching of the prohibited areas includes the clothing over them. This is defined by Florida statute section 800.04 (5)(a) and (b).
- A person can be charged for use of force or enticement where “a person under 16 years of age to so touch the perpetrator.” Being unlawfully touched is part of the lewd or lascivious molestation meaning.
- The ages of the people involved matter.
- Prior criminal history also matters.
- The offense may be reclassified by the prosecutor. The prosecutor may file the charge as a life felony, first degree, second degree or third degree felony. The police may arrest you for one charge but the prosecutor may increase or reduce the charges.
Understanding the Meaning of Lewd or Lascivious Behavior
The phrase “lewd or lascivious behavior” actually refers to Florida statute sections 800.04(6) and (7). This phrase is not technically correct but commonly used.
“Behavior” refers to both “conduct” under subsection (6) and “Exhibition” under subsection (7). Either may be classified as a third or second degree felony.
Read the rest of this entry »Connect with us
Archives
Categories
