When a computer is used to commit a theft, gain access to another computer or computer system unlawfully, or a computer is used to damage another’s property, then a Computer Crime charge is likely in Greeley, Windsor, and Firestone. Below our attorneys talk about Cyber Crimes, defenses against them, and how we can best help you get a good outcome in your case.
Definition of a Cybercrime, C.R.S. 18-5.5-102, Weld County Courts
The definition of a Cybercrime, C.R.S. 18-5.5-102, in Weld County is:
(1) person commits cybercrime if the person knowingly:
(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or
(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or
(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or
(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or
(e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or
(f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or
(g) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an online event ticket sale as defined in section 6-1-720, C.R.S.; or
(h) Solicits or offers to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof; or
(i) Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the payment card without the permission of the authorized user of the payment card, and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant; or
(j) Directly or indirectly uses an encoding machine to place information encoded on the payment card onto a different payment card without the permission of the authorized user of the payment card from which the information being reencoded was obtained, and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.
Anytime a person unlawfully uses a computer, they could be criminally charged with a Cybercrime. If there are multiple, separate interactions using a computer, then each interaction could be a separate criminal charge.
What is Considered Computer Device Under, C.R.S. 18-5.5-102, in Colorado?
The Colorado law is very broad when it comes to what is a computer device. It includes any computer, laptop, phones, tablets, computer systems or networks, software, and programs. Most everyone has a cell phone today and are tied to their tablets and computers. Getting into a person’s phone under this statute can be a criminal offense. It is necessary to have an experienced lawyer who can help you fight if you have been charged.
Common Examples of Cyber Crimes in Weld County
Examples of what could be charged as a Cyber Crime in Weld County are:
- Logging into a person’s social media account without current permission.
- Identity Theft or using a computer to steal another person’s identification.
- Sending or creating malware or viruses to damage a system or network.
- Using a computer to hack or phish for information on the device.
- Using another person’s computer or network permission.
When a person is charged with a Cyber Crime, they can also face other criminal charges such as Identity Theft which would carry its own sentence and penalties.
Sentence and Penalties of Computer Crimes in Greeley, Colorado
The sentence and penalties for a Cyber / Computer Crime in Greeley, can be either a petty offense, misdemeanor, or felony. The sentence depends on the damages and dollar amount the victim lost. If the Cybercrime involved Theft and/or damages valued less than $300, then it is a petty offense and the penalties are up to 10 days in the Weld County Jail and up to $300 fine. The most severe penalties are when the value of the damaged or lost goods is $1,000,000 or more. A charge of this nature is sentenced as a class 2 felony with penalties of 8 to 24 years in Colorado State Prison and $5,000 to $1,000,000 in fines.
Defenses to Cyber Crimes and How a Weld County Criminal Defense Lawyer Can Help You
The Weld County lawyers at the O’Malley Law Office want to help you get the best outcome in your case. We understand the complex law that surrounds Cybercrimes and will aggressively fight for you. Cyber / Computer Crime cases are complex, and you need to have a defense attorney who will fight for your personal and professional future. While your defense depends on the details of your case some common defenses to Cybercrimes are:
- you thought you had permission to log on to the victim’s account or computer;
- there was not a valid search/seizure of the computer;
- there is weak evidence that you were the one who accessed the computer and/or network;
- you do not have the technical skill required to do what you are accused of.