In Weld County, if 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 you can be considered to have committed a Computer Crime and be criminally charged. Having a leading Greeley lawyer to defend you to get the best possible outcome is important. The lawyers at the O’Malley Law Office have over 30 years of experience criminally defending against Computer Crimes and Cybercrimes. If you are faced with a Computer Crime or a Cybercrime charge in Larimer County, get help here.
Definition of a Cybercrime, C.R.S. 18-5.5-102, in Greeley, Colorado Courts
The definition of a Cybercrime, C.R.S. 18-5.5-102, in Greeley 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.
This simply means that anytime a person unlawfully uses a computer, they could be charged criminally with a Cybercrime. If several separate acts are involved, you could be charged separately with each one.
What Devices are Considered Computers under Computer Crimes in Weld County?
Devices in Weld County that are considered Cybercrimes are computers, laptops, phones, tablets, computer systems or networks, software, and programs. If any of these are used unlawfully a person can be charged with a Computer Crime. You must think broadly – even getting into someone’s phone without their permission could get you charged, since smart phones are now considered computers.
Examples of Cybercrimes in Windsor, Colorado
In Windsor, examples of Cybercrimes are:
- Sending or creating malware or viruses to damage a system or network
- Using a computer to steal another person’s identification (Identity Theft)
- Phishing or hacking another person or systems information
- Accessing a computer or network of an ex-girlfriend without her permission
- Engaging with or soliciting a minor in prostitution
- Logging into someone’s Facebook account without their CURRENT permission.
What are the Penalties and Sentence for Computer Crimes in Weld County?
Computer Crimes in Weld County have different penalties and sentences depending on the exact crime that was committed. If there was damage or theft the sentence and penalties are dependent on the value of what was stolen, or the damages caused. If the value is 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. It can become a class 2 felony with penalties of 8 to 24 years in Colorado State Prison and $5,000 to $1,000,000 if the value of the damage or goods is $1,000,000 or more.
Facing time in jail or prison and hefty fines can alter a person’s life, job, and future. Having a lawyer who understands the complicated Computer Crime laws is important for the best outcome in your case. The O’Malley Law Office Attorneys have more than 30 years of experience and have defended many Cybercrime cases.