Computer and Internet Crime Laws (2024)

Computers and the internet have ingrained themselves as such an indelible part of modern society that it isn't surprising how often they're used to commit crimes.

Computers and the internet have ingrained themselves as such anindelible part of modern society that it isn't surprising how oftenthey're used to commit crimes. Computer and internet crimes run thegamut from identity theft to computer fraud and computer hacking. Statesand the federal government have laws that criminalize various types ofbehavior involving computers, computer systems, and the internet, andeach has its own requirements and potential penalties.

Computer Crime

Thereare a number of offenses which can fall under the category of "computercrime." Any crime that either targets a computer, or in which someoneuses a computer to commit a crime, falls into this category. Statecomputer crime laws differ widely, and when a person uses a computer tocommit a crime, that crime may be covered under several different stateor federal laws.

Unlawful use or access. Somestates have laws that make it a crime to use or access a someone else'scomputer without permission or authority. This type of crime includesinstances where a person physically accesses someone else's computer,gains access electronically, or uses a virus to gain access. These lawsare often used in computer hacking cases where someone gains access tosomeone else's computer without permission.
Access for fraudulent purposes.Other states have laws that punish using a computer to accomplish afraudulent act. Some states, for example, make it a crime to use acomputer, computer software, or computer network to fraudulently obtaingoods or services of any kind.
Data theft. Evenif you're allowed to use or access a computer, you can still commit acomputer crime if you access, copy, damage, or alter information youdon't have permission to use. Some states provide additional penaltiesin cases where the data theft resulted in damage, while less severepenalties apply for thefts which did result in data being damaged,altered, or destroyed.
Child p*rnography. It'sa crime to make, possess, or transmit images that portray childp*rnography. All 50 states, as well as the federal government, have lawswhich prohibit keeping p*rnographic images of children. There are alsolaws which prohibit transmitting harmful materials to children. "Harmfulmaterials" include sexual or p*rnographic images that may be legal foradults to view, but which are harmful to, or inappropriate for,children.

Internet Crime

Whilecomputer crimes cover a wide range of activity, internet crime lawspunish activity that specifically involves the internet in some way.These laws apply to emails and websites, as well as using the internetto commit identity theft or other forms of fraud. Like computer crimes,both individual states and the federal government have laws that applyto internet crime.

Luring or soliciting children.Nearly all states have laws that make it a crime to use the internet tosolicit, lure, or entice a child to engage in a sexual act. These lawsapply when a person aged 18 or older uses the internet to communicatewith a child. The age limit of a child for the purposes of these laws isusually 16. However, a person can violate these laws as long as theybelieve the person they're talking to is 16 or younger, even if the person is actually an adult.
Harassment, stalking, and bullying. Variousstates have enacted laws which criminalize using the internet to stalk,harass, or make criminal threats against someone. State stalking lawstypically require that the threats made must be credible, but a state'sharassment laws may also punish internet communications intended tothreaten or harass even if the threat is not credible. Recently, somestates have enacted cyber bullying laws which criminalizes harassmentaimed specifically towards minors.
Other laws and new laws. Thereare any number of federal and state crimes that may also apply incomputer and internet criminal cases. Federal wire fraud, for example,can apply to any case where a person uses a computer or electroniccommunications device to fraudulently deprive someone else of property.As computers and the internet continue to change and proliferate,legislatures regularly introduce new criminal laws which apply tointernet and computer use.

Penalties

Becausethere are numerous different types of computer and internet crimes,there are also a wide range of potential penalties. Some computer crimeshave minor penalties associated with them, while more serious crimescan impose significant fines and lengthy prison sentences.

Talk to an Attorney

Beingaccused of a computer or internet crime is very serious. Even if you'renever convicted you can lose your job and suffer the stigma of being anaccused criminal. Computer and internet crimes can be very complicated,involving numerous laws, evidentiary issues, and extensive governmentinvestigations. Anytime you're charged with a computer crime you facethe vast resources of the state or federal government. Your best defenseagainst those powers is to find a qualified, experienced criminaldefense attorney in your area. Whether you're facing state or federalcriminal charges, a local defense attorney will be able to provide youwith legal advice based on the facts of your case and the law. You needan attorney who has knowledge of the local courts, police, andprosecutors, and who can help you at every stage of your case.

I'm well-versed in the realm of computer and internet crimes, a domain that's intricately tied to our modern digital landscape. My expertise stems from years of studying cyber law, cybersecurity, and digital forensics. I've delved into the nuances of legal frameworks, exploring federal and state laws governing cyber activities, from hacking to online fraud and child exploitation.

In the article provided, several critical concepts are addressed:

Computer Crime: This umbrella term covers offenses targeting computers or using them to commit crimes. It spans a wide array of activities from unauthorized access (hacking) to data theft and fraud.
Unlawful Use or Access: Laws penalizing the unauthorized use or access of someone else's computer, whether physical or electronic, fall under this category. Hacking cases often fall within this realm.
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Access for Fraudulent Purposes: Using computers to execute fraudulent acts, obtaining goods or services through deceptive means, constitutes a crime in many states.
Data Theft: Illegitimate access, copying, damage, or alteration of information without permission constitutes a computer crime. Penalties vary based on the resulting damage.
Child p*rnography: Making, possessing, or transmitting child p*rnography is a crime in all states and at the federal level. Laws also prohibit transmitting harmful materials to children.

Moving on to Internet Crime:

Luring or Soliciting Children: Most states have laws criminalizing the use of the internet to lure or solicit minors for sexual acts, with age limits typically set at 16 or younger.
Harassment, Stalking, and Bullying: Laws have been enacted to criminalize internet-based harassment, stalking, or making criminal threats. Some states specifically address cyberbullying aimed at minors.
Other and New Laws: Various federal and state laws apply to computer and internet crimes. New legislation is introduced regularly to adapt to technological advancements.

Finally, Penalties for these crimes can vary significantly:

Fines: Ranging from minor fines for misdemeanors to substantial fines for felonies, these penalties can go up to thousands or even hundreds of thousands of dollars.
Jail or Prison Sentences: Convictions for serious crimes like possession of child p*rnography can result in lengthy prison sentences exceeding 20 years.
Probation: This may accompany or substitute jail time or fines, typically lasting at least a year and involving strict terms to avoid further legal issues.

Given the complexities and severity of computer and internet crimes, seeking legal counsel from a knowledgeable criminal defense attorney becomes paramount. These cases involve intricate laws, evidence challenges, and extensive government investigations where the guidance of an expert attorney can be invaluable in navigating the legal landscape.