Unlawful Use of a Two-Way Communications Device in Florida

Under 934.215, the crime of Unlawful Use of a Two-Way Communications Device is committed when a person uses a two-way communications device in furtherance of the commission of any felony.

Two-Way Communications Device

Common forms of two-way communications devices are amateur radios, pagers, computer networks, and telephones.

Penalties for Unlawful Use of a Two-Way Communications Device

In Florida, the crime of Unlawful Use of a Two-Way Communications Device is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Unlawful Use of a Two-Way Communications Device is assigned a Level 4 offense severity ranking under Florida's Criminal Punishment Code. A judge may sentence a person convicted of Unlawful Use of a Two-Way Communications Device to probation, but may also impose a sentence up to the statutory maximum of five years in prison.

Defenses to Unlawful Use of a Two-Way Communications Device

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Unlawful Use of a Two-Way Communications Device are:

Double Jeopardy

In many sex crimes cases, a defendant will frequently be charged with both Unlawful Use of a Two-Way Communications Device and Traveling to Meet a Minor for Unlawful Sex.

However, because the use of a computer is an element of Traveling to Meet a Minor for Unlawful Sex, the elements of Unlawful Use of a Two-Way Communications Device are subsumed within the offense of Traveling to Meet a Minor for Unlawful Sex and would be subject to dismissal if convicted of both charges. [1]

Misdemeanor Facilitation

It is a defense to the crime of Unlawful Use of a Two-Way Communications Device if the two-way communications device was used to facilitate a misdemeanor and not a felony. [2]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with the crime of Unlawful Use of a Two-Way Communications Device in Central Florida or the greater Orlando area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Holt v. State, 173 So. 3d 1079 (Fla. 5th DCA 2015)
  2. Fla. Std. Jury Instr. (Crim.) 29.26