Unlawful Use of a Two-Way Communications Device in Florida

What is unlawful use of a two-way communications device?

Florida law, in section 934.215 of the Florida Statutes, generally makes it a crime to use a two-way communications device, such as a cell phone or computer, to facilitate or further the commission of a felony. In Attorney Ron Frey’s view, the charge essentially criminalizes using a phone, computer, or other device to carry out the underlying conduct being alleged.

It is a separate felony, charged in addition to the underlying offense. That means a person accused of one crime involving a phone or the internet can face an additional felony charge based on how they allegedly communicated.

Why the charge is added to so many internet and computer cases

Attorney Ron Frey has seen this charge added in almost every case involving computers and the internet. Because so much communication now happens through phones, apps, and computers, prosecutors frequently include it alongside the main charge. Examples include:

• Online solicitation and “traveling” sting cases
• Cases involving child sexual abuse material (CSAM), formerly called child pornography
• Fraud and other financial crimes carried out online or by phone
• Threats sent by text, email, or social media
• Drug cases in which sales or deliveries were allegedly arranged by phone or message

What counts as a “two-way communications device”?

In broad terms, the phrase covers devices that can send and receive communications. That can include cell phones and smartphones, computers and laptops, tablets, and other internet-connected devices, as well as the apps, messaging platforms, and online accounts used on them. Whether a particular device or method of communication falls within the law depends on the facts and the law in effect at the time.

Why this charge matters

Because it is a separate felony, the charge can add to the seriousness of a case and to the possible consequences a person faces. It may affect plea negotiations, bond, and the overall outcome of a case. A felony conviction can also carry lasting consequences beyond the court case, including effects on employment, professional licenses, housing, and other areas of life. The specific consequences in any case depend on its facts, the other charges involved, and current law.

General defense considerations

Every case is different, and no particular result can be promised. Depending on the facts, defense considerations may include:

• Whether the device use actually facilitated a crime: The charge is tied to an underlying felony. Whether the communication alleged truly helped commit or further that offense may be an issue.
• The underlying charge: Because this charge depends on another offense, challenges to the underlying charge can affect it as well.
• The evidence and authentication of digital records: Messages, screenshots, account records, and device data generally have to be shown to be what they are claimed to be, including who actually sent or received a communication. Forensic review may matter.
• Search and seizure: How law enforcement obtained the phone, computer, or account data, and whether warrants and other legal requirements were followed, may raise constitutional questions.

Every situation is evaluated case by case

Laws change, and how they apply depends on the specific facts. Every situation has to be evaluated case by case under current law, with a response tailored to that situation. Readers should not rely on general information from the internet or answers from AI tools, including this page, to make decisions about their own case.

Talking to an attorney

If you are under investigation or have been charged with unlawful use of a two-way communications device or another internet crime, Attorney Ron Frey generally advises people to remain silent and speak with an attorney. Every situation is unique, and contacting an attorney is a priority to get tailored advice.

Attorney Ron Frey of The Frey Law Firm, LLC, a conference speaker and published author, represents people facing internet and computer crime charges in Florida and in federal court. Contact us or call (844) 766-3739 nationally or (813) 775-2276 in Florida.