Computers are everywhere these days and so are hackers, identity thieves, and the like. The term “computer crimes” covers a lot of territory, but almost all computer crimes cause damage.
Computer crimes are on the rise in Tulsa and other Oklahoma communities. As a result, Oklahoma has passed the Computer Crimes Act.
What is a Computer Crimes Act Charge?
It is important that you understand that all computer crimes are serious and if convicted, most of these crimes carry jail time and fines. And while some of these crimes are misdemeanors, most of them are felonies.
The Computer Crimes Act is codified in the Oklahoma statutes, Okla. Stat. tit. 21 §§ 1952, et. seq. So what kinds of acts are prohibited?
Any willful and unauthorized attempt or the gaining of access to damage, modify, copy, destroy, use, or taking possession of another’s computer, computer system, or network is illegal. While merely gaining unauthorized access is a misdemeanor, any damage inflicted may be charged as a felony.
Using another’s computer in any way for the purpose of defrauding, deceiving, obtaining money, property, or anything else of value is a felony.
Willfully and without authorization causing the disruption of computer services or the denial of services to an authorized user of a computer or computer network is also illegal.
In addition, it is a federal crime to engage in defrauding, altering, or destroying hardware or software belonging to another. It is also illegal to traffic in computer passwords. These crimes are felonies.
In particular, it is a felony to use a computer for sexual exploitation, copyright violations such as illegally downloading music, developing or distributing computer viruses, spyware or malware, or using a computer to threaten another person with physical harm or death. OUJI-CR 5-130
Penalties Can Be Severe
If you are convicted of a felony charge, you may be subject to a fine between $5,000 and $100,000 and imprisonment from 1 to 10 years.
A misdemeanor conviction can mean a fine of up to $5,000, up to 30 days in county jail, or both.
In addition, civil penalties are allowed under the Computer Crimes Act. The owner of the computer or computer system may bring a civil action against you for compensatory damages.
These damages can include all costs associated with ensuring that the computer or computer system was or was not altered, damaged, destroyed, or disrupted by the access. It can also include attorneys’ fees awarded by the court to the winning party.
Initial Strategy Session: Tulsa Criminal Defense Attorney
If you or someone you know has been accused of violating the Computer Crimes Act, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced Tulsa attorney today by calling 918-756-9600.
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