Cybercrime is charged in Greeley and Weld County for many reasons, one of which includes accessing a computer, computer network or system without authorization. A college football coach was recently charged with multiple counts of this crime after it was discovered he had hacked social media, iCloud, and email accounts of around 3,300 college athletes (mostly females) to gain access to intimate, private photos. It was reported he used computers inside the football facility without authorization and inappropriately accessed information within the network.
Weld County Cybercrime Lawyer: How is Cybercrime Charged in Colorado?
The Weld County, Colorado law definition of Cybercrime – C.R.S. 18-5.5-102 – is:
(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.
Based on the information provided in the article, if this had occurred in Colorado, he would likely be charged under subsection (a).
Penalty for Cybercrime in Erie and Evans
In Erie and Evans, the penalty for Cybercrime depends on the subsection the person is charged under. If there is a financial loss, then the amount of the loss or damage caused determines the level of charge. This can range from a petty offense to a class 2 felony. A violation of subsection (a) or (g) is a class 2 misdemeanor, whereas a charge under subsections (h), (i), or (j) is a class 5 felony.