Los Angeles Criminal Defense Attorney Explains Hacking and Computer Crimes

Although technological advancements have brought significant benefits to our lives, they have also generated new crimes that are now addressed in the Penal Code as the California Comprehensive Computer Data Access and Fraud Act. Cyber crime may not sound serious because it is not generally violent in nature, but it can wreak havoc on victims' lives - and for that reason, California imposes stringent punishments on those who are convicted of internet fraud and related cyber crimes. In fact, PC 502, which addresses cyber crimes, specifically notes that the Legislature recognizes the proliferation of computer crime as a result of rapid technological advancements.

The statute seeks to protect individuals, businesses, governmental agencies, and the integrity of all types of lawfully created computers, computer systems, and computer data. PC 502 sets out violations that are subject to a PC 502 charge. In addition, they all must be committed knowingly and without permission - there also must be proof of damage or loss. Violations under certain parts of the Act are punishable with up to a $10,000 fine and up to 3 years in prison.  These offenses are punished harshly in Los Angeles.

The violations range from your typical identity fraud-type cases, to more specific violations, such as disrupting public safety infrastructures in computer systems or using internet domain names of others to send emails containing viruses. Here are some of the main provisions of the Act:

Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (a) devise or execute any scheme or artifice to defraud, deceive, or extort, or (b) wrongfully control or obtain money, property, or data.

Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.

Knowingly and without permission uses or causes to be used any computer services.

Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a
 computer, computer system, or computer network.

Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system or computer network.

Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.

Knowingly and without permission accesses or causes to be accessed any computer, computer system or computer network.

Knowingly introduces any computer contaminant to any computer, computer system, or computer network.

Knowingly and without permission, uses the internet domain name of another individual, corporation, or entity in connection with the sending of more or more electronic mail messages, and thereby damages or causes damage to a computer, computer system or computer network

In People v. Tillotson, a California Court of Appeals ruled that, in order to be convicted of a PC 502(c)(1) violation, 3 elements must be proven: (1) the defendant knowingly accesses a computer system; and (2) the defendant without permission alters, damages, deletes, destroys, or otherwise uses data obtained from such access; and (3) the defendant alters, damages, deletes, destroys or otherwise uses the data obtained from such access for either the purpose of devising or executing a scheme or artifice to defraud, deceive, or extort, or for the purpose of wrongfully controlling or obtaining money, property, or data. In Tillotson, a jury instruction omitted the second prong, and the court found this was not harmless error.

This is an important distinction. A violation of PC 502(c)(1) means that the defendant actually used the unlawful access to satisfy the third prong of the offense. However, the defendant in Tillotson actually violated (c)(3) of PC 502, which is a lesser offense. A violation of Subsection (c)(1) carries a punishment of up to $10,000 and/or imprisonment of 16 months to 3 years. However, a violation of Subsection (c)(3) carries a punishment of a fine not exceeding $1,000 for a first violation not resulting in injury. The punishment increases as the victim's expenditure as a result of the crime increases. For this reason, it is important to hire an attorney that understands the nuances of the California Comprehensive Computer Data Access and Fraud Act.

Additionally, hacking and other cyber crimes are often handled by federal agencies and filed in Federal Court.
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