Federal laws prohibit computer hacking, the use of the internet to facilitate or lure children for sexual exploitation, intellectual property theft, internet fraud, cyberbullying, and more. Collectively, these crimes are called cybercrimes.
The ramifications of being found guilty of a cybercrime depend on which specific crime you are found guilty of. Each crime is treated differently in a court of law. Below is a list of particular crimes and how they are punished.
Types of Cybercrimes
Many laws prohibit different types of crimes committed using the internet or computer. Below are four broad categories.
- Computer and Internet Crimes
Computer crimes include many offenses, including improperly accessing a computer and obtaining information. Computers crimes also include trafficking in passwords, accessing with the intent to defraud. Phishing schemes, such as setting up what looks to be a legitimate website to collect personal data, can be used for financial fraud.
- Sex-Related Crimes
Computers and smartphones are often used in the commission of sex-related crimes. Computers can be used to solicit sex unlawfully. Computers and electronic devices can also be used for unwanted sexting or obtaining and sending underage pornography. Producing or possessing child pornography is a severe crime. Adults often use computers to lure teens or children into having sex. These crimes have a life-altering impact on the accused’s life if convicted.
- Cyberbullying
Cyberbullying uses the internet, computers, or other electronic devices to threaten, harass, embarrass, or harm another person. Bullying can include written texts, social media comments, negative tweets, and even text messaging pictures.
Cyberbullying may be considered harassment. However, suppose the bullying focuses on a person’s particular traits, such as gender, ethnicity, or religion. In that case, it may be classified as discrimination. If discrimination is happening in the workplace there are federal and state laws that protect victims.
Most states have cyberbullying laws prohibiting such behavior.
- Identity Theft
Identity theft is based on trickery. Computer-based fraud is a common way to steal information. It can be through emails or websites and often revolves around the misrepresentation of identity.
The purpose is to steal another’s name, date of birth, driver’s license, bank accounts, and credit card information.
Convictions
Law enforcement has had a difficult time investigating crimes that occur on the internet. It’s difficult to catch cybercriminals, and it’s difficult to gather sufficient evidence for convictions. However, if a person is charged in a case, especially with federal charges, the penalties are more severe than non-computer crimes. A person can also be charged even if there is no overt act under a conspiracy or attempt charge.
Penalties
The U.S. leads the world with the strictest laws against cybercrime. Federal laws, found at 18 U.S.C., contain comprehensive legislation against cybercrimes. The Comprehensive Crime Control Act of 1984 underwent many revisions and additions as technology, and thus cybercrimes changed. The Computer Fraud and Abuse Act and the Identity Theft Enforcement and Restitution Act now charges and prosecutes cybercriminals.
Below is a list of offenses and the corresponding sentences:
- Obtaining National Security Information – 10-20 years imprisonment
- Accessing a Computer and Obtaining Information – 1-10 years imprisonment
- Accessing a Computer to Defraud and Obtain Value – 5-10 years imprisonment
- Trafficking in Passwords – 1-10 years imprisonment
- Fraud Connected to Identification Documents – fines and/or 5-20 years imprisonment
- Misleading Internet Domain Names – fines and up to10 years imprisonment
- Sexual Exploitation of a Minor – penalties and 15-35+ years imprisonment
At Moorhead Law Group, we ensure that every person has a fair trial, no matter the accusation. If you are in need of a computer crime defense attorney, contact us for a free consultation.