What is Computer Intrusion under Federal Law and How Can I be Charged?
Cyber crimes, which involve hacking into personal computers, cell phones, or other electronic devices, are on the rise in the United States. This type of crime is known as computer intrusion.
Criminals target individuals and businesses to steal personal identifying information from these devices. Though these criminals are not breaking into homes or stealing wallets, they are committing crimes that can result in serious consequences.
If you or a loved one is charged with federal computer intrusion, it is important to have an experienced Wallin & Klarich attorney fighting for your freedom.
What is Computer Intrusion?
Computer intrusion is a federal crime governed by the following laws:
- U.S. Code 18 Section 1029 – Access Device Fraud
- U.S. Code 18 Section 1030 – Computer Fraud
- U.S. Code 18 Section 1362 – Communication Interference
- U.S. Code 18 Section 2510 – Wire and Electronic Communications Interception and Interception of Oral Communications
- U.S. Code 18 Section 2701 – Unlawful Access to Stored Communications
- U.S. Code 18 Section 3121 – Recording of Dialing, Routing, Addressing and Signaling Information
Common Types of Computer Intrusion under Federal Law
The two most common types of computer intrusion crimes committed in the United States involve access device fraud and computer fraud (also known as computer hacking).
Access Device Fraud (United States Code 18 Section 1029)
Under U.S. Code 18 Section 1029, it is illegal to commit fraud with an access device. Fraud is defined as knowingly and intentionally deceiving for financial gain and/or causing another person to suffer a loss. An access device is defined as any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number or other telecommunications service, equipment or instrument identifier that can be used to obtain money, goods, services or any other thing of value, or that can be used to initiate the transfer of funds.
Examples of access device fraud include:
- using fraudulent emails to obtain bank account numbers and passwords;
- fraudulently obtaining electronic devices to sell for profit and purchasing; and
- selling or transferring stolen bank account, credit card or debit card information.
Access device fraud is charged as a felony and is punishable by 10 to 15 years in federal prison and a fine of up to $250,000. A second access device fraud conviction is punishable by up to 20 years in federal prison.
Computer Fraud (United States Code 18 Section 1030)
Under U.S. Code 18 Section 1030, it is illegal to intentionally access a computer without authorization or in excess of your authorization to obtain any of the following:
- Information contained in a financial record of a financial institution or card issuer, or information contained in a file of a consumer reporting agency on a consumer;
- Information from any department or agency of the United States; or
- Information from any protected computer (a computer used by a financial institution or the United States government, or a computer used in a way that affects the interstate or foreign commerce or communication of the United States government).
Using a computer to knowingly obtain anything of value worth more than $5,000 in a one-year period with the intent to defraud is also considered computer fraud under federal law.
Computer fraud is charged as a felony punishable by up to 10 years in federal prison and a fine of up to $250,000 ($500,000 for an organization). A second computer fraud conviction is punishable by up to 20 years in federal prison.
Call the Federal Attorneys at Wallin & Klarich Today
If you or a loved one is facing a federal charge of computer intrusion, it is critical that you speak to an experienced federal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in successfully defending persons facing federal charges. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
