Cyber crimes that involve hacking into computers and other electronic devices are referred to as computer intrusion and are unlawful under both state and federal law. Being convicted of this type of offense can have serious consequences, including jail time and hefty fines, so if you are being investigated for computer intrusion, it is critical to contact a white collar crime attorney who will aggressively defend your interests.
Types of Computer Intrusion
Unlike other federal offenses, computer intrusion is governed by a series of laws. For this reason, a number of computer-related offenses can be prosecuted under the general crime of computer intrusion, including:
- Fraudulently accessing an electronic device;
- Computer fraud;
- Interfering with electronic communication;
- Unlawfully intercepting wire and electronic communications;
- Unlawfully intercepting oral communications;
- Recording dialing, routing, addressing, or signaling information; and
- Unlawfully accessing electronically stored communications.
Although all of these activities are illegal, there are two types of computer crimes that are charged on a regular basis: computer fraud and access device fraud.
Access Device Fraud
Access device fraud covers activities that involve intentionally deceiving another person for financial gain or causing that person to suffer a loss by using an access device. Access devices are broadly defined as any card, code, plate, account number, electronic serial number, or mobile, personal, or telecommunications service identification. It also includes any device that can be used to obtain money, goods, services, or anything of value, or to initiate or transfer funds.
Access device fraud is charged as a felony and so is punishable by up to 15 years in prison and a $250,000 fine.
Another one of the most commonly charged computer intrusion offenses is computer fraud, which involves intentionally accessing a computer without consent in order to obtain the following types of information, among others:
- Data contained in the financial record of a bank or card issuer;
- Information contained in the file of a consumer reporting agency; or
- Information from government departments or agencies.
Being convicted of using a computer to obtain this type of information is punishable by up to ten years in prison and a $250,000 fine, although if the defendant is an organization the fine could be increased to $500,000. In fact, knowingly obtaining anything worth more than $5,000 over a one year period can be charged as computer fraud.
Speak to an Experienced White Collar Crime Lawyer
Computer intrusion offenses are considered serious felonies, making it critical for those who are accused of these types of crimes to speak with a skilled attorney. If you are being investigated for a cyber crime in Miami, please call 305-670-9919 to speak with experienced white collar crime lawyer Jeffrey S. Weiner, P.A.