What is the penalty for hacking a computer

These civil actions are in addition to any other grounds for a civil action that the injured party may have. It is also a computer crime to misuse computer system data. A person commits this crime by:. The punishment for committing one of these computer crimes depends on the damage caused and risk of harm created. Table 1 displays the five degrees of computer crime, the amount of damage or harm required for each, and their penalties.

Degree of Computer Crime. Amount of Damage or Harm Required. It is a crime to use a computer or computer network without authority and with the intent to:. The law makes it a class B felony if a person commits a computer crime or unauthorized use of a computer or computer network with intent to intimidate or coerce the civilian population or a unit of government.

Depending on the circumstances, a person who hacks into another ' s computer could be punished by a number of generally applicable crimes.

For example, if the hacking is done to take personal identifying information for certain purposes, it could be punishable as identity theft. A person could also hack into a computer to commit larceny. Larceny is intentionally and wrongfully taking, obtaining, or withholding property from an owner in order to appropriate it to himself, herself, or another.

In addition, the act protects stored messages, such as email in server archives. Under the ECPA, accessing computer messages — either in storage or in transit — without authorization constitutes a federal crime. Other federal laws also apply to computer hacking. For instance, prosecutors can use the CAN-SPAM Act to go after individuals who gain unauthorized access to computers to distribute significant amounts of commercial information by email.

If you are charged under the Computer Fraud and Abuse Act, you may be subject to either misdemeanor or felony counts. Under the CFAA, distributing computer code — or placing it into the flow of interstate commerce — is illegal if the perpetrator intends to cause either physical or economic damage. Penalties for violating the CFAA can vary based on the specific allegations and the degree of harm alleged by the government. The act also authorizes penalties for intentionally or recklessly installing viruses on computers that are part of interstate commerce.

Violations of the CAN-SPAM Act can result in a range of criminal and civil penalties depending on the method of delivery and volume of the spam, along with the harm caused.

A key component of the Computer Fraud and Abuse Act is intentionally accessing a protected computer without authorization. However, the law fails to explain exactly what a lack of authorization means. In addition, the law refers to exceeding authorized access to a computer, but a lack of definition of the term has caused extensive legal debate. Extremely harsh penalties can be assessed against first-time offenders who access computers without authorization.

If you have been charged under the Computer Fraud and Abuse Act or other federal statutes related to hacking, you need an experienced attorney who fully understands the complexities of the laws. Attorney Gabriel Grasso works closely with digital evidence experts and understands both the technical and legal aspects of federal hacking cases.

For a free, confidential case review, please contact the offices of Attorney Grasso.