Category: Criminal Offenses · Statute: 18 U.S.C. § 1343 / F.S. 817 · Source: Florida Legislature
Understanding Wire Fraud in Florida
In Florida, while "wire fraud" is most commonly prosecuted as a federal crime under federal statutes, the state aggressively prosecutes the exact same conduct under the Florida Communications Fraud Act, found in Section 817.034 of the Florida Statutes. Under state law, this offense occurs when a person intentionally devises a scheme to defraud someone of money or property and uses "communications technology" to facilitate that scheme. In the modern legal landscape, this includes sending fraudulent emails (phishing), making deceptive phone calls, sending text messages, or executing unauthorized wire transfers through online banking portals.
To secure a conviction under Florida's statute, prosecutors must prove that the defendant engaged in a systematic, ongoing course of conduct with the intent to defraud, and that they transmitted or received a communication for that purpose. Because the state statute mirrors federal law in many ways, a single scheme can trigger both state and federal investigations. Florida classifies these offenses as either felony communications fraud or grand theft, with the severity of the charge and the potential prison sentence dictated entirely by the monetary value of the property or funds targeted in the scheme.
Bail and Pretrial Release for Florida Communications Fraud
When an individual is arrested for state-level communications fraud, the monetary value alleged in the warrant heavily influences the initial bail amount. Because these offenses often involve sophisticated planning, judges frequently view defendants as flight risks or financial risks. Consequently, a judge may impose a "Nebbia" requirement on the bond. This condition mandates that the defendant prove the funds used to pay the bail premium and secure the bond come from legitimate, lawful sources, rather than the proceeds of the alleged fraudulent scheme.