Attorney for Jefferson County Colorado Computer Crime Charges, C.R.S. 18-5.5-102
Since banking, financial record keeping, and software are all now completed on the internet, hacking and unauthorized internet access have become common place. In addition, computers are all around us. Even cell phones have been ruled as meeting the definition of a computer. With the prevalence of computers and items which meet the computer definition, a new Colorado law is designed to punish those who access computers without permission. Computer Crime – C.R.S. 18-5.5-102, is that new law.
Definition of Computer Crime in Jefferson County and Douglas County:
In Colorado, our primary computer crime law provides:
(1) A person commits computer crime 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.
Computer Crime Examples in Arapahoe County, Colorado
This huge new law is commonly used when hackers, former employees, or thieves get into a computer and take financial information or valuable data. A good example would be when an Arapahoe County employee obtains a new job and takes customer files or customer lists with them to a new employer – competitor. These files are extremely valuable, and represent a substantial monetary investment for the former employer. We have seen a recent case where a Colorado jury found that getting into a cell phone of another person without permission is a Computer Crime. They determined that the cell phone met the definition of “computer”. Let’s take a look at that definition.
The Definition of Computer Under Colorado’s Computer Crime Law in Adams County
A “computer” is defined as “an electronic, magnetic, optical, electromagnetic, or other data processing device which performs logical, arithmetic, memory, or storage functions by the manipulations of electronic, magnetic, radio wave, or light wave impulses, and includes all input, output, processing, storage, software, or communication facilities which are connected or related to or operating in conjunction with such a device.” This implies that external hard drives, CD’s, DVD’s, Flash Drives and even cloud storage accounts are Computers. Such a broad definition is sure to open floodgates of criminal charges for men and women in Adams County.
Class of Computer Crimes in Denver and Douglas County, Colorado
Generally speaking, getting into someone’s computer or cell phone without permission will result in a class 2 misdemeanor charge under the circumstances of paragraph (1)(a) above. However, other provisions of this law mentioned above which relate to theft or damages to the computer and data can substantially raise the stakes. “If the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is:
(I) Less than fifty dollars, computer crime is a class 1 petty offense;
(II) Fifty dollars or more but less than three hundred dollars, computer crime is a class 3 misdemeanor;
(III) Three hundred dollars or more but less than seven hundred fifty dollars, computer crime is a class 2 misdemeanor;
(IV) Seven hundred fifty dollars or more but less than two thousand dollars, computer crime is a class 1 misdemeanor;
(V) Two thousand dollars or more but less than five thousand dollars, computer crime is a class 6 felony;
(VI) Five thousand dollars or more but less than twenty thousand dollars, computer crime is a class 5 felony;
(VII) Twenty thousand dollars or more but less than one hundred thousand dollars, computer crime is a class 4 felony;
(VIII) One hundred thousand dollars or more but less than one million dollars, computer crime is a class 3 felony; and
(IX) One million dollars or more, computer crime is a class 2 felony.
Our Computer Crime attorneys are current on this new Colorado law and ready to protect you from over-charging by police and district attorneys. Be sure to keep quiet when contacted by police and never answer their questions. You have the constitutional right to remain silent and should use it. Call our criminal defense Computer Crime lawyers at 303-731-0719. Together, we can protect your future.
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