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F.S. 812.0195 – Dealing in Stolen Property By Use of the Internet

Florida Statute 812.0195 addresses a modern variation of stolen property offenses: trafficking stolen goods through the internet. In today’s digital age, where online marketplaces dominate commerce, this statute reflects the state’s recognition of how technology has complicated property crimes. 

The Florida Department of Law Enforcement reports a steady increase in internet-facilitated crimes over the past decade. With online marketplaces becoming more and more prevalent, the state has prioritized addressing such offenses, leading to harsher penalties and higher stakes.

From the perspective of a Fort Lauderdale criminal defense lawyer, it’s important to us that clients facing charges under F.S. 812.0195 understand what they’re up against – and have a strong legal advocate in their corner. 

What Constitutes a Violation of F.S. 812.0195?

F.S. 812.0195 criminalizes the use of the internet to facilitate trafficking stolen property. The statute applies when an individual knowingly:

  1. Uses the internet to sell, offer, or facilitate the sale of stolen goods.
  2. Engages in an electronic transaction involving stolen property.

The law’s primary aim is to curb the growth of illicit activities on online platforms, which can range from auction sites to peer-to-peer marketplaces.

Misdemeanor vs. Felony Under F.S. 812.0195

The severity of the charge depends on the monetary value of the stolen property being trafficked. In general, they’re classified as follows:

  • Misdemeanor: If the value is less than $300, the charge is typically a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
  • Felony: If the value is $300 or more, the offense becomes a third-degree felony, with penalties of up to 5 years in prison and a $5,000 fine.

In cases involving significant or organized operations, additional charges under F.S. 812.019 (dealing in stolen property) or F.S. 812.014 (theft) may apply.

How F.S. 812.0195 Differs from Related Statutes
  • F.S. 812.014 (Theft): Primarily addresses the unlawful taking of property. It’s a more common charge with broader applicability, as it does not strictly involve internet-based offenses.
  • F.S. 812.019 (Dealing in Stolen Property): Focuses on the physical sale or distribution of stolen goods.
  • F.S. 812.0195: Targets crimes facilitated through the internet, acknowledging the role of technology in modern trafficking schemes.

The specific focus of F.S> 812.0195 on online transactions differentiates it from its counterparts and underscores its importance in today’s digital landscape.

What Must Prosecutors Prove?

To secure a conviction under F.S. 812.0195, prosecutors must establish the following elements beyond a reasonable doubt:

  1. Knowledge: The defendant knew or should have known the property was stolen.
  2. Intent: The defendant intentionally used the internet to facilitate the sale or trafficking of stolen goods.
  3. Transaction: Evidence of an online transaction or an attempt to complete such a transaction.

Courts in Florida have consistently ruled that prosecutors must demonstrate the defendant’s knowledge of the property as stolen.To do so, they can use direct evidence, such as a defendant’s confession, or circumstantial evidence, such as fast sales at below-market value. 

Prosecutors often rely on the following types of evidence in F.S. 812.0195 cases:

  • Digital Footprints: Emails, social media messages, or online listings associated with the stolen property.
  • Financial Records: Payment receipts or electronic transactions linked to the defendant.
  • Witness Testimony: Statements from buyers or co-conspirators.
  • Property Traces: Evidence connecting stolen goods to the original owner, such as serial numbers.
How Technology Complicates These Cases

The integration of technology in stolen property crimes has created challenges for both prosecutors and defense attorneys. 

For prosecutors, proving a defendant’s knowledge and intent becomes difficult when they’re dealing with anonymous or encrypted transactions. Misleading IP addresses too often are linked to individuals who were unaware of the activity. 

For Fort Lauderdale criminal defense lawyers, digital evidence can be hard to overcome if it clearly points directly to the defendant. That said, there may be opportunities to present mitigating evidence to minimize the potential consequences. 

In these cases, it’s not unusual for courts to rely on forensic tools to analyze metadata, trace payments, and unearth online activity. This adds layers of complexity that can complicate the case – and make having a skilled defense attorney all the more essential. 

To challenge these cases, we may argue the defendant didn’t know the goods were stolen. We might also point out gaps in the prosecution’s case, such as lack of definitive proof of the defendant’s involvement. We may also highlight potential errors made by prosecutors in linking our client to the digital evidence.

Why Hiring a Criminal Defense Lawyer is Imperative

An arrest under F.S. 812.0195 can have huge consequences, including imprisonment, steep fines, and a permanent criminal record. The complexity of these cases—often involving digital evidence and nuanced legal arguments—requires a seasoned criminal defense attorney. 

We’ll work to carefully scrutinize digital records, forensic analyses and strict adherence to procedural protocols. We’ll challenge any improper evidence that was unlawfully obtained or misrepresented. We can negotiate with prosecutors, possibly for dropping or reducing the charges, or at least for alternative sentencing. Each defense strategy is uniquely-tailored to the specific facts of that particular case. 

Charges under F.S. 812.0195 are not just about stolen property. They reflect the evolving nature of crime in the digital age. If you or a loved one has been accused of using the internet to deal in stolen goods, time is of the essence. A skilled criminal defense lawyer in Fort Lauderdale can provide the guidance, expertise, and advocacy needed to navigate these challenges and protect your future.

If you have been charged with a theft crime in South Florida, contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.

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