FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
from the Circuit Court for Sarasota County; Charles E.
L. Dimmig, II, Public Defender, and Matthew J. Salvia,
Assistant Public Defender, Bartow, for Appellant.
Jo Bondi, Attorney General, Tallahassee, and Dawn A. Tiffin,
Assistant Attorney General, Tampa, for Appellee.
Alan Umhoefer appeals his judgment and sentence for
unauthorized access of a computer network or electronic
device, a third-degree felony. The charge arose as a result
of his online relationship with a teenage girl, M.B. We
affirm his judgment and sentence and write to address the
denial of his motion for judgment of acquittal.
contends that the trial court should have granted his motion
for judgment of acquittal because the State failed to prove
that he accessed a computer network and that the access was
unauthorized. Appellate review of the denial of a motion for
judgment of acquittal is by the de novo standard. State
v. Shearod, 992 So.2d 900, 903 (Fla. 2d DCA 2008).
Section 815.06(2)(a), Florida Statutes (2014), provides as
(2) A person commits an offense against users of computers,
computer systems, computer networks, or electronic devices if
he or she willfully, knowingly, and without authorization:
(a) Accesses or causes to be accessed any computer, computer
system, computer network, or electronic device with knowledge
that such access is unauthorized[.]
applicable version of section 815.03, effective October 1,
2014, defines a computer network as
a system that provides a medium for communication between one
or more computer systems or electronic devices, including
communication with an input or output device such as a
display terminal, printer, or other electronic equipment that
is connected to the computer systems or electronic devices by
physical or wireless telecommunication facilities.
§ 815.03(4). " 'Access' means to approach,
instruct, communicate with, store data in, retrieve data
from, or otherwise make use of any resources of a computer,
computer system, or computer network." § 815.03(1).
developed an online relationship with M.B. beginning in
November 2012 when she was fourteen. M.B. made videos for
Umhoefer, and he sent her gifts, including a laptop and
stuffed animals. After she began a relationship with E.C.,
a boy her age, Umhoefer became jealous. An injunction for
protection against dating violence was issued against
Umhoefer in August 2014.
State filed the charge at issue after Umhoefer sent an email
to M.B.'s mother on November 23, 2014, that attached
Facebook messages between M.B. and E.C. that were sexually
explicit. Umhoefer claimed that he had been monitoring M.B.
and was trying to help her. He asserted that she had given
him her password a ...