Unlawful Use of a Two-Way Communications Device in Florida

Under Florida Statute 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.

“ The crime of Unlawful Use of a Two-Way Communications Device is a Third Degree 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 Richard Hornsby today.

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

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