An Overview of Cybercrimes

Computers are part of our everyday lives. Computers, mobile devices, and the internet can be important tools for work, learning, and entertainment. Computers can also be tools for criminal activity. Cybercrime involves using a computer in the commission of a crime. Most computer crimes are financially motivated. But computers can also be used to facilitate other criminal acts.

Cybercrimes can fall under state or federal law. If you have questions about cybercrime charges, contact a local criminal defense lawyer for legal advice.

What Are Cybercrimes?

Cybercrimes are crimes involving the use of a computer or computer network. Hackers can use cyberspace to target computer systems and access confidential information. Some cybercrimes fall under computer crime laws, including unauthorized access to a computer. For example, transmitting a program to cause damage to a protected computer is a violation of federal law.

Other computer crimes can be committed with or without a computer. Using a computer as a tool to commit crimes can include internet fraud, identity theft, and phishing scams. For example, if you use a computer to blackmail someone, you can be charged with extortion under state or federal law.

What Are the Different Types of Computer Crimes?

There are many different types of computer crimes. Some cybercrimes involve traditional illegal activity committed with a computer, including financial crimes. Other types of computer crimes directly target information technology, operating systems, and computer networks. Some examples of cybercrimes include:

• Phishing
• Hacking
• Identity theft through stealing sensitive information
• Ransomware attacks
• Personal data breach
• Cyberstalking and online harassment
• Cyberattacks
• Distributed denial of service (DDOS)
• Malicious software (malware)
• Credit card fraud
• Computer viruses
• Cyberterrorism

How Does Law Enforcement Catch Cybercriminals?

The U.S. Secret Service and FBI have special agents to combat cybercrime. These agents have training in cyber incident investigation and digital forensics. However, it can be difficult for law enforcement agencies to catch cybercriminals because they can be located anywhere in the world.

According to the FBI’s Internet Crime Complaint Center, call center fraud accounts for over $1 billion in losses to American victims. Tech support and government impersonation scams primarily come from call centers in South Asia, including India. To combat cybercrime, the FBI has to collaborate with law enforcement in other countries.

What Are the Penalties for Federal Cybercrimes?

Criminal activity involving computers can be prosecuted under state law or federal law. Many types of cybercrime can be charged under federal law because they involve the internet. Using the internet can give federal agencies jurisdiction over the case. The Computer Fraud and Abuse Act (CFAA) is a federal law that prohibits theft, damage, or unlawful access to a computer system.

Under federal law, fraud and related activity in connection with computers is punishable as a misdemeanor or a felony. This depends on the type of activity involved. Minor computer network crime can be punishable by up to a year for a first offense. Computer copyright infringement is punishable by up to 10 years in prison. If cyber crimes cause serious bodily injury, the penalty can be up to 20 years imprisonment.

Cybercrimes involving child pornography offenses can require registering as a sex offender. Even after release from prison, the court can limit an offender’s use of a computer and prohibit access to the internet.

The penalties for cybercrimes under state law can depend on the state and the individual situation. Factors that can impact the penalties can include:

• The financial losses involved
• If the crime caused serious injury or death
• The victim is elderly
• The victim is a child
• If an offender has a prior criminal record

What Are Cybercrime Defenses?

If you are charged with a cybercrime, your attorney can identify legal defenses to fight the criminal charges. Your attorney can show that someone else could have used your home internet connection or used your account to commit a crime. A hacker could have accessed your computer or operating system to hide their identity.

Law enforcement could have violated your constitutional rights during a search or seizure of your computer or phone. Evidence gathered as part of an illegal search should be kept out of court. Your attorney can file a motion to suppress any evidence that was part of an unlawful search or seizure.

Computer crimes can be legally and technically complicated. If you have questions about a cybercrime investigation or criminal charges, talk to an experienced criminal defense attorney.