Criminal Defense
Since 1993
Since 1993
When “Working from Home” Becomes a Felony in Orlando
By: John Guidry
Some of you old-timers here in Orlando have never heard of the crime “unlawful access to a computer,” or even its distant cousin “unlawful taking of confidential or trade secret data”—but get ready—these crimes are exploding onto the scene in 2025. Let’s face it: data can be worth far more than gold. The theft of data can have grave consequences for a company, and while most of these crimes look like something out of a Hollywood blockbuster, there is real-life action happening right here in Florida.
The “typical script” for these cases often involves an employee just trying to do their job, only to find themselves in the crosshairs of a “nosy” supervisor and a technicality in the law. Without further delay, let’s delve into the case of Willoughby v. State of Florida, 84 So. 3d 1210 (Fla. 3rd DCA 2012).
The Story: Authorized to Use, But Forbidden to Save?
Willoughby was a financial specialist who signed a confidentiality agreement with her employer. When her work computer became too slow, her office allowed her to access the company system via her personal laptop so she could work from home. This sounds like a win-win, right?
Wrong. A supervisor became suspicious and asked to search her computer. Willoughby initially allowed it but became uncomfortable when the supervisor started snooping through her personal files. She took her laptop back, resigned on the spot, and left. Naturally, someone had to get the police involved.
A search warrant for her home followed. The police found that Willoughby had saved the employer’s entire client trust fund master list onto her laptop. She was arrested for:
- Unlawfully Accessing a Computer Database (Florida Statute § 815.06)
- Obtaining Trade Secrets or Confidential Data (Florida Statute § 815.04)
The Legal Breakdown: The Reversal and the Technicality
The appeals court tackled the first count—unlawful access—with common sense. Since Willoughby’s supervisor had authorized her to access the network from her laptop, the conviction for “unlawful access” was reversed. It’s hard to “hack” a system you have the keys to.
However, the court upheld the conviction on the second count—theft of trade secrets—on a total technicality. While she was authorized to use her laptop to log in, the employer claimed she never had authorization to download or save that specific data to her personal hardware.
In 2025, this is an “insane” distinction. Any computer expert will tell you that working on a network almost always involves “downloading” data to your cache just to see it. The court, however, focused on the “saving” of the master list.
The Scary Part: No “Malicious Intent” Required
Perhaps the most “sad but true” aspect of this case is that the State never had to prove Willoughby intended to sell the data or hurt the company. The appeals court held that the statute does not require malicious intent. This is what we call “strict liability”—if you did the act, you are guilty, no excuses or explanations allowed. These types of laws are popular in places like China, Iran, North Korea, and apparently, Florida.
John’s Takeaways
- Authorized Access is Key: Under F.S. § 815.06, if you have permission to be in the system, the State shouldn’t be able to “blab” their way into a hacking conviction.
- The “Download” Trap: Employers often use vague policies to claim that an employee “exceeded” their authority the moment they saved a file. In Orange, Seminole, and Osceola County, we see these used as leverage in civil disputes turned criminal.
- Malice Doesn’t Matter: Because these crimes don’t always require “bad intent,” a simple mistake in how you handle company data can turn into a third-degree felony (punishable by up to 5 years in prison).
- Van Buren v. United States (2021) Impact: Since Willoughby, the U.S. Supreme Court has narrowed the “exceeds authorized access” rule, but Florida’s state statutes are still a “work in progress” and can be very dangerous for the unwary.
- Failure of Proof: If the company didn’t have a clear policy on “saving” vs. “viewing,” we have a strong argument for a failure of proof on the “without authorization” element.
The justice system is harsh, and the line between “productive employee” and “data thief” is thinner than ever. I’ve been defending the citizens of Central Florida since 1993, and I know how to navigate the complexities of computer-related crimes. If your employer is trying to turn a resignation into a criminal record, give me a call.
Facing computer or data theft charges? Call John at (407) 423-1117.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.