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Texas Computer Crimes

Texas Computer Crime Laws

TITLE 7. OFFENSES AGAINST PROPERTY

CHAPTER 33. COMPUTER CRIMES

Sec. 33.01.  DEFINITIONS.  In this chapter:

(1)  “Access” means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system.

(2)  “Aggregate amount” means the amount of:

(A)  any direct or indirect loss incurred by a victim, including the value of money, property, or service stolen or rendered unrecoverable by the offense; or

(B)  any expenditure required by the victim to verify that a computer, computer network, computer program, or computer system was not altered, acquired, damaged, deleted, or disrupted by the offense.

(3)  “Communications common carrier” means a person who owns or operates a telephone system in this state that includes equipment or facilities for the conveyance, transmission, or reception of communications and who receives compensation from persons who use that system.

(4)  “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device.

(5)  “Computer network” means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers.

(6)  “Computer program” means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions.

(7)  “Computer services” means the product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions.

(8)  “Computer system” means any combination of a computer or computer network with the documentation, computer software, or physical facilities supporting the computer or computer network.

(9)  “Computer software” means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network.

(10)  “Computer virus” means an unwanted computer program or other set of instructions inserted into a computer’s memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files.

(11)  “Data” means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer.

(12)  “Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:

(A)  induced by deception, as defined by Section 31.01, or induced by coercion;

(B)  given by a person the actor knows is not legally authorized to act for the owner;

(C)  given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;

(D)  given solely to detect the commission of an offense; or

(E)  used for a purpose other than that for which the consent was given.

(13)  “Electric utility” has the meaning assigned by Section 31.002, Utilities Code.

(14)  “Harm” includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor’s conduct.

(15)  “Owner” means a person who:

(A)  has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor;

(B)  has the right to restrict access to the property; or

(C)  is the licensee of data or computer software.

(16)  “Property” means:

(A)  tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or

(B)  the use of a computer, computer system, computer network, computer software, or data.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 18.44, eff. Sept. 1, 1999.

Sec. 33.02.  BREACH OF COMPUTER SECURITY.  (a)  A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.

(b)  An offense under this section is a Class B misdemeanor unless in committing the offense the actor knowingly obtains a benefit, defrauds or harms another, or alters, damages, or deletes property, in which event the offense is:

(1)  a Class A misdemeanor if the aggregate amount involved is less than $1,500;

(2)  a state jail felony if:

(A)  the aggregate amount involved is $1,500 or more but less than $20,000; or

(B)  the aggregate amount involved is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter;

(3)  a felony of the third degree if the aggregate amount involved is $20,000 or more but less than $100,000;

(4)  a felony of the second degree if the aggregate amount involved is $100,000 or more but less than $200,000; or

(5)  a felony of the first degree if the aggregate amount involved is $200,000 or more.

(c)  When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense.

(d)  A person who his subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 306, Sec. 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 306, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1411, Sec. 1, eff. Sept. 1, 2001.

Sec. 33.021.  ONLINE SOLICITATION OF A MINOR.  (a)  In this section:

(1)  “Minor” means:

(A)  an individual who represents himself or herself to be younger than 17 years of age; or

(B)  an individual whom the actor believes to be younger than 17 years of age.

(2)  “Sexual contact,” “sexual intercourse,” and “deviate sexual intercourse” have the meanings assigned by Section 21.01.

(3)  “Sexually explicit” means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

(b)  A person who is 17 years of age or older commits an offense if, with the intent to arouse or gratify the sexual desire of any person, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally:

(1)  communicates in a sexually explicit manner with a minor;  or

(2)  distributes sexually explicit material to a minor.

(c)  A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person.

(d)  It is not a defense to prosecution under Subsection (c) that:

(1)  the meeting did not occur;

(2)  the actor did not intend for the meeting to occur; or

(3)  the actor was engaged in a fantasy at the time of commission of the offense.

(e)  It is a defense to prosecution under this section that at the time conduct described by Subsection (b) or (c) was committed:

(1)  the actor was married to the minor; or

(2)  the actor was not more than three years older than the minor and the minor consented to the conduct.

(f)  An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense.  An offense under Subsection (c) is a felony of the second degree.

(g)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

Added by Acts 2005, 79th Leg., Ch. 1273, Sec. 1, eff. June 18, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 610, Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 1291, Sec. 7, eff. September 1, 2007.

Sec. 33.03.  DEFENSES.  It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer, employee, or agent of a communications common carrier or electric utility and committed the proscribed act or acts in the course of employment while engaged in an activity that is a necessary incident to the rendition of service or to the protection of the rights or property of the communications common carrier or electric utility.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 33.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 33.04.  ASSISTANCE BY ATTORNEY GENERAL.  The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting attorney in the investigation or prosecution of an offense under this chapter or of any other offense involving the use of a computer.

Added by Acts 1985, 69th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 33.05 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Sec. 33.05.  TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE.  (a)  In this section:

(1)  “Direct recording electronic voting machine” has the meaning assigned by Section 121.003, Election Code.

(2)  “Measure” has the meaning assigned by Section 1.005, Election Code.

(b)  A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access:

(1)  prevents a person from lawfully casting a vote;

(2)  changes a lawfully cast vote;

(3)  prevents a lawfully cast vote from being counted; or

(4)  causes a vote that was not lawfully cast to be counted.

(c)  An offense under this section does not require that the votes as affected by the person’s actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election.

(d)  An offense under this section is a felony of the first degree.

(e)  Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section.

(f)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to investigate or prosecute an offense under this section.

Added by Acts 2005, 79th Leg., Ch. 470, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 503, Sec. 1, eff. September 1, 2009.

Sec. 33.07.  ONLINE HARASSMENT.  (a)  A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:

(1)  without obtaining the other person’s consent; and

(2)  with the intent to harm, defraud, intimidate, or threaten any person.

(b)  A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person:

(1)  without obtaining the other person’s consent;

(2)  with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and

(3)  with the intent to harm or defraud any person.

(c)  An offense under Subsection (a) is a felony of the third degree.  An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel.

(d)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

(e)  It is a defense to prosecution under this section that the actor is any of the following entities or that the actor’s conduct consisted solely of action taken as an employee of any of the following entities:

(1)  a commercial social networking site;

(2)  an Internet service provider;

(3)  an interactive computer service, as defined by 47 U.S.C. Section 230;

(4)  a telecommunications provider, as defined by Section 51.002, Utilities Code; or

(5)  a video service provider or cable service provider, as defined by Section 66.002, Utilities Code.

(f)  In this section:

(1)  “Commercial social networking site” means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users.  The term does not include an electronic mail program or a message board program.

(2)  “Identifying information” has the meaning assigned by Section 32.51.

Added by Acts 2009, 81st Leg., R.S., Ch. 911, Sec. 1, eff. September 1, 2009.

New York Computer Crimes

New York Computer Crimes

New York Offenses Involving Computers

S 156.00 Offenses involving computers; definition of terms. The following definitions are applicable to this chapter except where different meanings are expressly specified:

1. “Computer” means a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data.

2. “Computer program” is property and means an ordered set of data representing coded instructions or statements that, when executed by computer, cause the computer to process data or direct the computer to perform one or more computer operations or both and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.

3. “Computer data” is property and means a representation of information, knowledge, facts, concepts or instructions which are being processed, or have been processed in a computer and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.

4. “Computer service” means any and all services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer data or computer programs from one computer to another.

5. “Computer material” is property and means any computer data or computer program which:

(a) contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals. This term shall not apply to the gaining access to or duplication solely of the medical history or medical treatment records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated; or

(b) contains records maintained by the state or any political subdivision thereof or any governmental instrumentality within the state which contains any information concerning a person, as defined in subdivision seven of section 10.00 of this chapter, which because of name, number, symbol, mark or other identifier, can be used to identify the person and which is otherwise prohibited by law from being disclosed. This term shall not apply to the gaining access to or duplication solely of records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated; or

(c) is not and is not intended to be available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent and which accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

6. “Uses a computer or computer service without authorization” means the use of a computer or computer service without the permission of, or in excess of the permission of, the owner or lessor or someone licensed or privileged by the owner or lessor after notice to that effect to the user of the computer or computer service has been given by:

(a) giving actual notice in writing or orally to the user; or

(b) prominently posting written notice adjacent to the computer being utilized by the user; or

(c) a notice that is displayed on, printed out on or announced by the computer being utilized by the user. Proof that the computer is programmed to automatically display, print or announce such notice or a notice prohibiting copying, reproduction or duplication shall be presumptive evidence that such notice was displayed, printed or announced.

7. “Felony” as used in this article means any felony defined in the laws of this state or any offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in excess of one year is authorized in this state.

S 156.05 Unauthorized use of a computer. A person is guilty of unauthorized use of a computer when he knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.

Unauthorized use of a computer is a class A misdemeanor.

S 156.10 Computer trespass. A person is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and:

1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or

2. he thereby knowingly gains access to computer material.

Computer trespass is a class E felony.

HISTORY: Add, L 1986, ch 514, § 1, eff Nov 1, 1986. S 156.20 Computer tampering in the fourth degree. A person is guilty of computer tampering in the fourth degree when he uses or causes to be used a computer or computer service and having no right to do so he intentionally alters in any manner or destroys computer data or a computer program of another person.

Computer tampering in the fourth degree is a class A misdemeanor.

S 156.25 Computer tampering in the third degree. A person is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth degree and:

1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or

2. he has been previously convicted of any crime under this article or subdivision eleven of section 165.15 of this chapter; or

3. he intentionally alters in any manner or destroys computer material; or

4. he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceed- ing one thousand dollars. Computer tampering in the third degree is a class E felony.

S 156.26 Computer tampering in the second degree. A person is guilty of computer tampering in the second degree when he commits the crime of computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars.

Computer tampering in the second degree is a class D felony.

S 156.27 Computer tampering in the first degree. A person is guilty of computer tampering in the first degree when he commits the crime of computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars.

Computer tampering in the first degree is a class C felony.

S 156.30 Unlawful duplication of computer related material. A person is guilty of unlawful duplication of computer related material when having no right to do so, he copies, reproduces or duplicates in any manner:

1. any computer data or computer program and thereby intentionally and wrongfully deprives or appropriates from an owner thereof an economic value or benefit in excess of two thousand five hundred dollars; or

2. any computer data or computer program with an intent to commit or attempt to commit or further the commission of any felony.

Unlawful duplication of computer related material is a class E felony.

S 156.35 Criminal possession of computer related material. A person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 156.30 of this article, with intent to benefit himself or a person other than an owner thereof.

Criminal possession of computer related material is a class E felony.

S 156.50 Offenses involving computers; defenses. In any prosecution:

1. under section 156.05 or 156.10 of this article, it shall be a defense that the defendant had reasonable grounds to believe that he had authorization to use the computer;

2. under section 156.20, 156.25, 156.26 or 156.27 of this article it shall be a defense that the defendant had reasonable grounds to believe that he had the right to alter in any manner or destroy the computer data or the computer program;

3. under section 156.30 of this article it shall be a defense that the defendant had reasonable grounds to believe that he had the right to copy, reproduce or duplicate in any manner the computer data or the computer program.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.

California Computer Crimes

California Computer Crimes

California Unauthorized Access To Computers, Computer Systems and Computer Data

502

(a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data. The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data.

(b) For the purposes of this section, the following terms have the following meanings:

(1) “Access” means to gain entry to, instruct, or communicate with the logical, arithmetical, or memory function resources of a computer, computer system, or computer network.

(2) “Computer network” means any system which provides communications between one or more computer systems and input/output devices including, but not limited to, display terminals and printers connected by telecommunication facilities.

(3) “Computer program or software” means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions.

(4) “Computer services” includes, but is not limited to, computer time, data processing, or storage functions, or other uses of a computer, computer system, or computer network.

(5) “Computer system” means a device or collection of devices, including support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control.

(6) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device.

(7) “Supporting documentation” includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software.

(8) “Injury” means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access.

(9) “Victim expenditure” means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by the access.

(10) “Computer contaminant” means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, which are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network.

(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:

(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.

(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.

(3) Knowingly and without permission uses or causes to be used computer services.

(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.

(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.

(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.

(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.

(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.

(d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), or (5) of subdivision (c) is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows:

(A) For the first violation which does not result in injury, and where the value of the computer services used does not exceed four hundred dollars ($400), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(B) For any violation which results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds four hundred dollars ($400), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(3) Any person who violates paragraph (6), (7), or (8) of subdivision (c) is punishable as follows:

(A) For a first violation which does not result in injury, an infraction punishable by a fine not exceeding two hundred fifty dollars ($250).

(B) For any violation which results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(C) For any violation which results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

(e) (1) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, or data may bring a civil action against any person convicted under this section for compensatory damages, including any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code.

(2) In any action brought pursuant to this subdivision the court may award reasonable attorney’s fees to a prevailing party.

(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect.

(f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws.

(g) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01.

(h) (1) Subdivision (c) does not apply to any person who accesses his or her employer’s computer system, computer network, computer program, or data when acting within the scope of his or her lawful employment.

(2) Paragraph (3) of subdivision (c) does not apply to any employee who accesses or uses his or her employer’s computer system, computer network, computer program, or data when acting outside the scope of his or her lawful employment, so long as the employee’s activities do not cause an injury, as defined in paragraph (8) of subdivision (b), to the employer or another, or so long as the value of supplies and computer services, as defined in paragraph (4) of subdivision (b), which are used do not exceed an accumulated total of one hundred dollars ($100).

(i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs.

(j) For purposes of bringing a civil or a criminal action under this section, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction.

(k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following:

(1) The court shall consider prohibitions on access to and use of computers.

(2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense.

502.01.

(a) As used in this section:

(1) “Property subject to forfeiture” means any property of the defendant that is a computer, computer system, or computer network, and any software or data residing thereon, if the computer, computer system, or computer network was used in committing a violation of subdivision (c) of Section 502 or violation of Section 502.7 or was used as a repository for the storage of software or data obtained in violation of those provisions. If the defendant is a minor, it also includes property of the parent or guardian of the defendant.

(2) “Sentencing court” means the court sentencing a person found guilty of violating subdivision (c) of Section 502 or a violation of Section 502.7 or, in the case of a minor found to be a person described in Section 602 of the Welfare and Institutions Code because of a violation of those provisions, the juvenile court.

(3) “Interest” means any property interest in the property subject to forfeiture.

(4) “Security interest” means an interest that is a lien, mortgage, security interest, or interest under a conditional sales contract.

(b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing.

(c) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and a copy of the motion to the prosecuting agency and to the probation department. If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of subdivision (c) of Section 502 or Section 502.7, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for such a violation.

(d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply:

(1) The court shall determine the value of the property.

(2) The court shall determine the value of each valid interest in the property.

(3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest.

(4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest.

(e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor.

(1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing.

(2) The computer shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer owned by the agent or guardian for two years after the date on which the minor is sentenced.

(3) If the minor is convicted of a violation of subdivision (c) of Section 502 or Section 502.7 within two years after the date on which the minor is sentenced, and the violation involves a computer owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2).

(f) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows:

(1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution.

(2) Second, at the discretion of the court, to one or more of the following agencies or entities:

(A) The prosecuting agency.

(B) The public entity of which the prosecuting agency is a part.

(C) The public entity whose officers or employees conducted the investigation resulting in forfeiture.

(D) Other state and local public entities, including school districts.

(E) Nonprofit charitable organizations.

(g) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows:

(1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person.

(2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (f).

502.5.

Every person who, after mortgaging or encumbering by deed of trust any real property, and during the existence of such mortgage or deed of trust, or after such mortgaged or encumbered property shall have been sold under an order and decree of foreclosure or at trustee’s sale, and with intent to defraud or injure the mortgagee or the beneficiary or trustee, under such deed of trust, his representatives, successors or assigns, or the purchaser of such mortgaged or encumbered premises at such foreclosure or trustee’s sale, his representatives, successors or assigns, takes, removes or carries away from such mortgaged or encumbered premises, or otherwise disposes of or permits the taking, removal or carrying away or otherwise disposing of any house, barn, windmill, water tank, pump, engine or other part of the freehold that is attached or affixed to such premises as an improvement thereon, without the written consent of the mortgagee or beneficiary, under deed of trust, his representatives, successors or assigns, or the purchaser at such foreclosure or trustee’s sale, his representatives, successors or assigns, is guilty of larceny and shall be punished accordingly.

502.7

(a) Any person who, knowingly, willfully, and with intent to defraud a person providing telephone or telegraph service, avoids or attempts to avoid, or aids, abets or causes another to avoid the lawful charge, in whole or in part, for telephone or telegraph service by any of the following means is guilty of a misdemeanor or a felony, except as provided in subdivision (g):

(1) By charging the service to an existing telephone number or credit card number without the authority of the subscriber thereto or the lawful holder thereof.

(2) By charging the service to a nonexistent telephone number or credit card number, or to a number associated with telephone service which is suspended or terminated, or to a revoked or canceled (as distinguished from expired) credit card number, notice of the suspension, termination, revocation, or cancellation of the telephone service or credit card having been given to the subscriber thereto or the holder thereof.

(3) By use of a code, prearranged scheme, or other similar stratagem or device whereby the person, in effect, sends or receives information.

(4) By rearranging, tampering with, or making connection with telephone or telegraph facilities or equipment, whether physically, electrically, acoustically, inductively, or otherwise, or by using telephone or telegraph service with knowledge or reason to believe that the rearrangement, tampering, or connection existed at the time of the use.

(5) By using any other deception, false pretense, trick, scheme, device, conspiracy, or means, including the fraudulent use of false, altered, or stolen identification.

(b) Any person who does either of the following is guilty of a misdemeanor or a felony, except as provided in subdivision (g):

(1) Makes, possesses, sells, gives, or otherwise transfers to another, or offers or advertises any instrument, apparatus, or device with intent to use it or with knowledge or reason to believe it is intended to be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph message.

(2) Sells, gives, or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus, or device described in paragraph (1) of this subdivision with knowledge or reason to believe that they may be used to make or assemble the instrument, apparatus, or device.

(c) Any person who publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card, or the numbering or coding which is employed in the issuance of credit cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful telephone or telegraph toll charge is guilty of a misdemeanor. Subdivision (g) shall not apply to this subdivision. As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person or by telephone, radio, or television, or electronic means, including, but not limited to, a bulletin board system, or in a writing of any kind, including without limitation a letter or memorandum, circular or handbill, newspaper, or magazine article, or book.

(d) Any person who is the issuee of a calling card, credit card, calling code, or any other means or device for the legal use of telecommunications services and who receives anything of value for knowingly allowing another person to use the means or device in order to fraudulently obtain telecommunications services is guilty of a misdemeanor or a felony, except as provided in subdivision (g).

(e) Subdivision (a) applies when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided, by one or more of the means set forth in subdivision (a).

(f) Jurisdiction of an offense under this section is in the jurisdictional territory where the telephone call or telegram involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subdivision (a).

(g) Theft of any telephone or telegraph services under this section by a person who has a prior misdemeanor or felony conviction for theft of services under this section within the past five years, is a felony.

(h) Any person or telephone company defrauded by any acts prohibited under this section shall be entitled to restitution for the entire amount of the charges avoided from any person or persons convicted under this section.

(i) Any instrument, apparatus, device, plans, instructions, or written publication described in subdivision (b) or (c) may be seized under warrant or incident to a lawful arrest, and, upon the conviction of a person for a violation of subdivision (a), (b), or (c), the instrument, apparatus, device, plans, instructions, or written publication may be destroyed as contraband by the sheriff of the county in which the person was convicted or turned over to the person providing telephone or telegraph service in the territory in which it was seized.

(j) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in this section or anycomputer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of this section shall be subject to forfeiture.

502.8

(a) Any person who uses a telecommunications device intending to avoid the payment of any lawful charge for service to the device is guilty of a misdemeanor.

(b) Any person found guilty of violating subdivision (a), who has previously been convicted of the same offense, shall be guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both.

(c) Any person who possesses a telecommunications device with intent to sell or offer to sell to another, intending to avoid the payment of any lawful charge for service to the device is guilty of a misdemeanor punishable by one year in a county jail or imprisonment in state prison or a fine of up to ten thousand dollars ($10,000), or both.

(d) Any person who possesses 10 or more telecommunications devices with intent to sell or offer to sell to another, intending to avoid payment of any lawful charge for service to the device, is guilty of a felony, punishable by imprisonment in state prison, a fine of up to fifty thousand dollars ($50,000), or both.

(e) Any person who manufactures 10 or more telecommunications devices and intends to sell them to others intending to avoid the payment of any lawful charge for service to the device is guilty of a felony punishable by imprisonment in state prison or a fine of up to fifty thousand dollars ($50,000), or both.

(f) For purposes of this section a telecommunications device is any type of instrument, device, machine, or equipment that is designed for or capable of transmitting or receiving wireless communications within the radio spectrum allocated to cellular radio telephony.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.

Alabama Computer Crimes Act

Alabama Computer Crimes Act

Section 13A-8-100 Short title.

This article may be cited as the Alabama Computer Crime Act.

Section 13A-8-101 Definitions.

When used in this chapter, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context:

(1) DATA. A representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network, and should be classified as intellectual property, and may be in any form, including computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.

(2) INTELLECTUAL PROPERTY. Data, including computer program.

(3) COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.

(4) COMPUTER. An electronic magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.

(5) COMPUTER SOFTWARE. A set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system or computer network.

(6) COMPUTER SYSTEM. A set of related, connected or unconnected, computer equipment, devices, or computer software.

(7) COMPUTER NETWORK. A set of related, remotely connected devices and communication facilities, including more than one computer system, with capability to transmit data among them through communication facilities.

(8) COMPUTER SYSTEM SERVICES. The utilization of a computer, computer system, or computer network to assist an individual or entity with the performance of a particular lawful function which that individual or entity has been given the right, duty, and power, together with the responsibility, to perform.

(9) PROPERTY. Anything of value as defined by law, and includes financial instruments, information, including electronically produced data and computer software and computer programs in either machine or human readable form, and any other tangible or intangible items of value.

(10) FINANCIAL INSTRUMENT. Includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof.

(11) ACCESS. To instruct, communicate with, store data in, or retrieve data from a computer, computer system or computer network.

Section 13A-8-102 Offenses against intellectual property.

(a) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he or she has such authorization, attempts or achieves access, communication, examination, or modification of data, computer programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.

(b) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he or she has such authorization, destroys data, computer programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.

(c) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he or she has such authorization, discloses, uses, or takes data, computer programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.

(d)(1) Except as otherwise provided in this subsection, an offense against intellectual property is a Class A misdemeanor, punishable as provided by law.

(2) If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.

(3) If the damage to such intellectual property is greater than two thousand five hundred dollars ($2,500), or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public or utility service, then the offender is guilty of a Class B felony, punishable as provided by law.

(4) Whoever willfully, knowingly, and without authorization alters or removes data causing physical injury to any person who is not involved in said act shall be guilty of a Class A felony, punishable as provided by law.

Section 13A-8-103 Acts constituting offense against computer equipment or supplies; punishment.

(a)(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, modifies equipment or supplies that are used or intended to be used in a computer, computer system, or computer network commits an offense against computer equipment or supplies.

(2)a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (a)(1) is a Class A misdemeanor, punishable as provided by law.

b. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.

(b)(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, uses, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network, or whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, injures, takes, or damages any computer, computer system, or computer network commits an offense against computer equipment and supplies.

(2)a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (b)(1) is a Class A misdemeanor, punishable as provided by law.

b. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $2,500.00 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public utility service, then the offender is guilty of a Class B felony, punishable as provided by law.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.

Virginia Computer Crimes Act

Virginia Computer Crimes Act

§ 18.2-152.3:1. Transmission of unsolicited bulk electronic mail; penalty.

A. Any person who:

1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or

2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information is guilty of a Class 1 misdemeanor.

B. A person is guilty of a Class 6 felony if he commits a violation of subsection A and:

1. The volume of UBE transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or

2. The revenue generated from a specific UBE transmission exceeded $1,000 or the total revenue generated from all UBE transmitted to any EMSP exceeded $50,000.

C. A person is guilty of a Class 6 felony if he knowingly hires, employs, uses, or permits any minor to assist in the transmission of UBE in violation of subdivision B 1 or subdivision B 2. *

18.2-152.3. COMPUTER fraud.

Any person who uses a COMPUTER or COMPUTER network without authority and with the intent to: 1. Obtain property or services by false pretenses; 2. Embezzle or commit larceny; or 3. Convert the property of another shall be guilty of the CRIME of COMPUTER fraud. If the value of the property or services obtained is $200 or more, the CRIME of COMPUTER fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the CRIME of COMPUTER fraud shall be punishable as a Class 1 misdemeanor.

18.2-152.4. COMPUTER trespass; penalty.

Any person who uses a COMPUTER or COMPUTER network without authority and with the intent to: 1. Temporarily or permanently remove COMPUTER data, COMPUTER programs, or COMPUTER software from a COMPUTER or COMPUTER network; 2. Cause a COMPUTER to malfunction regardless of how long the malfunction persists; 3. Alter or erase any COMPUTER data, COMPUTER programs, or COMPUTER software; 4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds; 5. Cause physical injury to the property of another; or 6. Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of COMPUTER data, COMPUTER programs, or COMPUTER software residing in, communicated by, or produced by a COMPUTER or COMPUTER network shall be guilty of the CRIME of COMPUTER trespass, which shall be punishable as a Class 1 misdemeanor. If such act is done maliciously and the value of the property damaged is $2,500 or more, the offense shall be punishable as a Class 6 felony.

18.2-152.5. COMPUTER invasion of privacy.

A. A person is guilty of the CRIME of COMPUTER invasion of privacy when he uses a COMPUTER or COMPUTER network and intentionally examines without authority any employment, salary, credit or any other financial or personal information relating to any other person. “Examination” under this section requires the offender to review the information relating to any other person after the time at which the offender knows or should know that he is without authority to view the information displayed. B. The CRIME of COMPUTER invasion of privacy shall be punishable as a Class 3 misdemeanor.

18.2-152.6. Theft of COMPUTER services.

Any person who willfully uses a COMPUTER or COMPUTER network, with intent to obtain COMPUTER services without authority, shall be guilty of the CRIME of theft of COMPUTER services, which shall be punishable as a Class 1 misdemeanor.

18.2-152.7. Personal trespass by COMPUTER.

A. A person is guilty of the CRIME of personal trespass by COMPUTER when he uses a COMPUTER or COMPUTER network without authority and with the intent to cause physical injury to an individual. B. If committed maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as a Class 3 felony. If such act be done unlawfully but not maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as a Class 1 misdemeanor.

18.2-152.8. Property capable of embezzlement.

For purposes of s 18.2-111, personal property subject to embezzlement shall include: 1. COMPUTERS and COMPUTER networks; 2. Financial instruments, COMPUTER data, COMPUTER programs, COMPUTER software and all other personal property regardless of whether they are: a. Tangible or intangible; b. In a format readable by humans or by a COMPUTER; c. In transit between COMPUTERS or within a COMPUTER network or between any devices which comprise a COMPUTER; or d. Located on any paper or in any device on which it is stored by a COMPUTER or by a human; and

3. COMPUTER services.

18.2-152.14. COMPUTER as instrument of forgery.

The creation, alteration, or deletion of any COMPUTER data contained in any COMPUTER or COMPUTER network, which if done on a tangible document or instrument would constitute forgery under Article 1 (s 18.2-168 et seq.) of Chapter 6 of this Title, will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any CRIME set forth in Article 1 (s 18.2-168 et seq.) of Chapter 6 of this Title if a creation, alteration, or deletion of COMPUTER data was involved in lieu of a tangible document or instrument.

Internet Solicitation of Minor

Internet  Solicitation of a Minor

Internet solicitation of a minor is widely prosecuted Nationwide.  Our attorneys defend against charges of Internet solicitation of a minor in Virginia and Nationwide, when requested by our clients. State and local Police Departments have created departments dedicated to Internet solicitation of a minor.  Often is that case that a person will be in a chat room and someone claiming to be a minor will initiate engage in chat with an adult about sexual topics.  This “minor” is usually a Police Officer with the Internet child solicitation task force.

Many times the person chatting with this Police Officer posing as a “minor” never had the intention to actually meet the “minor.”  It is always important to ask whether the person actually went to meet the minor, the age representations that were made, and the methods used to collect and manipulate the evidence.

However, regardless of whether the meeting takes place, felony charges will most certainly be brought. At this point, an attorney with experience in defending these type of criminal accusations as well as in-depth technical knowledge of the Internet, can provide a competent defense against Internet solicitation of a minor charges.

Many well-reputed and experienced criminal defense lawyers may venture into this area of law just to find themselves overpowered and overwhelmed by a highly-trained, highly-experience prosecution team.  Our attorneys include a former computer engineer experiences in the IT side of the equation,  as well as aggressive criminal defense lawyers.  Contact us to see what we can do to defend your case.

Computer Crimes

Internet  Cyber Crime Defense

Our cybercrime defense lawyers are prepared to protect your rights if you are accused of an Internet crime. Some of the most common Cyber Crimes include:

Most states have enacted Internet and computer crimes statutes, including among many others Virginia, California, New York, and Alabama.  Many of these statutes not only provide for criminal prosecution but also for civil liability.

Our attorneys are aggressive computer crime defense legal practitioners.  We frequently handle representation to those accused of Internet crimes.  Some of the issues we encounter include:

  • College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes. A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.
  • An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse’s email account. Prompt assistance from a Virginia computer crimes defense attorney is critical.
  • Our client was accused of being the leader of the most prolific Internet music piracy group in the world.  The charge consisted of conspiracy to commit copyright Infringement.  The charges were initially brought in the United States District Court for the Eastern District of Virginia located in Alexandria, Virginia.  The trial took place in the United States District Court for the Southern District of Texas, located in Houston, Texas.  Our client elected to have is case tried by a Federal Jury.  Our technical knowledge assisted us in providing competent legal representation and bringing the case to a successful resolution.  Read More…
  • Our client was arrested on access device fraud charges and aggravated identity theft in the Eastern District of Virginia, Richmond Division.  The accusations involved alleged selling of stolen credit card numbers, social security numbers, other personally identifiable information, as well as e-mail account data for spam purposes.  We thoroughly reviewed the government evidence, both the technical and the legal aspects, and assisted our client in obtaining a favorable result.
  • Our client was accused of using a computer system to solicit a minor in Chesterfield County, Virginia.  Our technical knowledge allowed us to properly dissect and understand the technical issues in the government’s evidence, resulting in a favorable resolution for our client.
  • Our client appealed a case handled by another defense attorney to the Virginia Court of Appeals and to the Virginia Supreme Court.  The charges involved the use of a computer system to facilitate certain offenses involving children in Virginia.  Our technical knowledge allowed us to be able to understand the case immediately and completely analyze all the issues despite being retained after the appeal process was already underway.
  • Our client was a victim of computer trespass and unauthorized network access by a former employee.  Our experience in both the legal and technical aspects allowed our client to gather the necessary evidence to prosecute the perpetrator in a “one-stop shopping” manner.
  • Our client was charged with eight counts of use of a computer system to facilitate certain offenses involving children in Virginia.  Our technical analysis allowed us to get the majority of the charges dismissed, resulting in a resolution of the case involving no jail time.
  • Our client was a victim of computer fraud, computer trespass and unauthorized access to his computer by a debt collector.  Our technical know-how and legal analysis allowed us to recommend a course of action for this activity, which may have otherwise gone undetected.
  • Individual charged with felony transmission of unsolicited bulk email (SPAM). The intervention of a Virginia SPAM computer crime defense attorney is necessary.
  • Individual accused of selling counterfeit medications over the Internet. The assistance of a Virginia computer crime defense attorney is essential to protecting the individual’s freedom.
  • E-Commerce website operator faces charges of Internet criminal copyright infringement. A Virginia cyber crime defense attorney intervenes to protect the website operator’s freedom.
  • High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography. A computer crime defense attorney must expertly manage the defense to prevent the Internet child pornography accusations from ruining his life.
  • Our client is arrested for obstruction of justice charges after being the victim of identity theft. The crimes were committed by the identity thief. A Virginia computer crime defense attorney with our firm intervenes to clear our client’s reputation which was affected as a result of the cyber crime of Identity Theft.
  • Our client is accused of illegally distributing pirated software online. These criminal copyright infringement accusations threaten his freedom.  An aggressive computer crime defense is necessary.

If you are accused of a cybercrime, you need experienced and competent legal representation. A cybercrime defense lawyer with our firm can assist you.