Under new cyber crime and computer laws, a person convicted of computer hacking, virus writing, and computer worm development could get 20 years to life in prison.

Sometimes out of curiosity, Internet website visitors may exceed the access authorized to them under their website access login and under the website’s terms of use.  Even using commercially available scripts may generate serious computer crime accusation of hacking and unauthorized access to a computer network.

If you are facing an accusation of being a computer hacker, a cyber crime and hacking defense attorney from our firm is a technically competent attorney who understands the technical aspects of the Internet in order to provide you with a competent defense. A typical criminal defense attorney without computer knowledge may not understand many of the challenges that can be made against electronic evidence.

]]> http://cyber-crime-defense.com/hacking_unauthorized_access.html/feed 3 http://cyber-crime-defense.com/virginia_computer_crimes.html http://cyber-crime-defense.com/virginia_computer_crimes.html#comments Tue, 13 Apr 2010 19:42:49 +0000 Admin http://cyber-crime-defense.com/?p=34 VIRGINIA COMPUTER CRIMES

In Virginia, computer crimes are codified under the Virginia Computer Crimes Act.  Some Virginia computer crimes include:

• SPAM/ Unsolicited or bulk electronic mail – In Virginia, criminal transmission of SPAM email occurs when someone uses a computer to forge email transmission information or distributes  software primarily for that purpose.
• Computer Trespass- In Virginia, computer trespass is unauthorized use of a computer or computer network to remove data or computer software, alter or erase data or software, transfer funds, or make an unauthorized copy of data or software.
• Computer Invasion of Privacy
• Computer Fraud – In Virginia, computer fraud is using a computer without authority to obtain property or services by false pretenses, embezzle or commit larceny.
• Computer Embezzlement
• Theft of Computer Services
• Use of a Computer as an Instrument of Forgery.

A prosecution for Virginia SPAM email or transmission of unsolicited bulk electronic mail requires proof that the accused “spammer” engaged in the following acts: Use of a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or knowingly sell, gives, or otherwise distribute or possesses with the intent to sell, give, or distribute software that a. is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; b. has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or c. is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.

For a felony Internet email SPAM prosecution, the government will also have to prove that: the volume of unauthorized bulk email transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or the revenue generated from a specific unauthorized bulk email transmission exceeded $1,000 or the total revenue generated from all unauthorized bulk email transmitted to any EMSP exceeded $50,000.

Our Virginia SPAM defense attorneys can provide you with Internet email SPAM defense against SPAM accusations.

Under Virginia law, the following property is capable of computer embezzlement: 1. Computers and computer networks; 2. Financial instruments, computer data, computer programs, computer software, computer services and all other personal property regardless of whether they are: tangible or intangible, in a format readable by humans or by a computer, in transit between computers or within a computer network or between any devices which comprise a computer or located on any paper or in any device on which it is stored by a computer or by a human.

If the value of the property or services embezzled is $200 or more, Virginia computer embezzlement carries a potential prison sentence of up to twenty years.

Email spoofing accusations fall under Email SPAM laws.  A spoofed may appear to be from a legitimate source asking for personal information, passwords, credit card numbers, and other personal information.

Email spoofing is a serious criminal accusation.  Potential penalties for Email spoofing include imprisonment and forfeiture of assets.   Our attorneys are experts in cybercrime defense and in protecting your rights and assets against accusations of criminal email spoofing.

Our Internet computer crime, cyber crime defense and Internet crime defense attorneys are experienced in defending against Virginia State and Federal cyber crime, computer crime, and Internet crime accusations.

Some of the most common cyber crimes are:

The Computer Fraud and abuse Act, 18 U.S.C. § 1030 – Creates both civil and criminal liability.  To prove violations of the the Computer Fraud and Abuse Act, the State must prove that a Defendant 1) Knowingly obtained 2)  Access to a computer; 3)  Without authorization; 4) to obtain information; 5) From a protected computer; and 6) said conduct involved Interstate or foreign communication.

Our attorneys are experienced in the defense of accusations of violations of the Computer Fraud and Abuse Act.

Virginia Computer Trespass, Va. Code § 18.2-152.4 - Creates both civil and criminal liability.  It is defined as using a computer to make a copy of computer data without authorization.  Our Virginia cyber crime law attorneys can defend you if you are accused of computer trespass in Virginia.

Virginia Computer Related Trespass to Chattels - Contact with a computer network without authorization thereby causing injury.

Cyber stalking – Cyber stalking is a crime in which the defendant is accused of harassing a victim through the use of electronic communications such as email, instant messaging, or forum posts.

Identity Theft – The Defendant is accused of operating a scheme under which he obtains personal information of another. The Defendant is accused of utilizing this information for many purposes, including to get credit, engage in other criminal activity for which the victim can be blamed. If you are accused of identity theft, you need a quality identity theft lawyer to represent your interests.

Internet sex crimes including Internet Child pornography, Solicitation of a minor via chat room, and Entrapment by Police Officers posing as juveniles.  Any actual use or possession of child pornographic material is a crime. Both the federal government and Virginia are aggressively prosecuting those charged with child pornography. The penalties are extremely severe.

Our Virginia Internet Crime Defense Lawyers assist clients with Virginia Computer Crimes law and Cyber Crime.  In our daily Virginia Computer Crime Defense Lawyer practice, we protect our client’s rights and freedom from Virginia Cyber Crime accusations.  Some examples are listed below, other computer crime cases are listed here:

• Individual accused of selling counterfeit medications over the Internet.  The assistance of a Virginia computer crime defense attorney is essential to protecting the individual’s freedom.
• E-Commerce website operator  faces charges  of Internet criminal copyright infringement.  A Virginia cyber crime defense attorney  intervenes to protect the website operator’s freedom.
• College student is accused of computer hacking, violation of the Computer Fraud and Abuse Act, computer trespass, computer fraud, and a long list of other computer crimes.  A Virginia Cybercrime defense lawyer intervenes to clear up these computer crime accusations and allow the young man to continue his promising IT career.
• An individual faces computer trespass and hacking/unauthorized access accusations after retrieving emails from his unfaithful spouse’s email account.  Prompt assistance from a Virginia computer crimes defense attorney is critical.
• Individual charged with felony transmission of unsolicited bulk email (SPAM).  The intervention of a Virginia SPAM computer crime defense attorney is necessary.
• Our client is arrested for obstruction of justice charges after being the victim of identity theft.  The crimes were committed by the identity thief.  A Virginia computer crime defense attorney with our firm intervenes to clear our client’s reputation which was affected as a result of the cyber crime of Identity Theft.
• Our client is accused of eight counts Internet solicitation of a minor related to an undercover sting operation where a police office played the role of a teenage girl in an Internet chat room.
• High profile government executive with a high level security clearance is arrested for receipt, possession, and distribution of child pornography.  A computer crime defense attorney must manage the defense to prevent the Internet child pornography accusations from ruining his life.
• Our client is accused of violations of  § 18.2-374.3 (Use of communications systems to facilitate certain offenses involving children).
• Our client is accused of running an illegal business on the Internet and of related tax evation.

When you need the assistance of a Virginia computer crime defense lawyer, cyber crime defense attorney, computer fraud defense attorney, computer trespass defense lawyer, SPAM email defense attorney, Virginia Internet crime defense lawyer, or a cybercrime law attorney, a Virginia computer cyber crime defense lawyer with our firm can assist.

Press release

Cyber Lawyer Blog Article

Initial Thoughts

The charge of attempted indecent liberties with a minor is sometimes begins when a police officer posing as a minor using the Internet or an online chat room baits an individual into suggestive conversation and role play.  This charge is sometimes charged simultaneously and involves the same chain of events leading to a prosecution for Internet solicitation of a minor also known as use of communications systems to facilitate certain offenses involving children.  The police sting operation often results in arrest and a criminal prosecution. Legal teams with both excellence and technology competence are necessary to effectively represent individuals accused of computer crimes in Virginia.

A person accused of this type of conduct requires the experience of an attorney who not only understands criminal defense but also has the technical experience to understand the underlying Internet technology.  Even an attorney who is well versed in criminal defense litigation would need the assistance of a Virginia computer forensics expert witness to understand all the technical aspects associated with a case involving Virginia computer forensics issues.  Some of the statutes that may form the basis for charges of indecent liberties or attempted indecent liberties in Virginia include:

§ 18.2-370. Taking indecent liberties with children; penalties.

A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony:

(1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person; or

(2) [Repealed.]

(3) Propose that any such child feel or fondle the sexual or genital parts of such person or propose that such person feel or fondle the sexual or genital parts of any such child; or

(4) Propose to such child the performance of an act of sexual intercourse or any act constituting an offense under § 18.2-361; or

(5) Entice, allure, persuade, or invite any such child to enter any vehicle, room, house, or other place, for any of the purposes set forth in the preceding subdivisions of this section.

B. Any person 18 years of age or over who, with lascivious intent, knowingly and intentionally receives money, property, or any other remuneration for allowing, encouraging, or enticing any person under the age of 18 years to perform in or be a subject of sexually explicit visual material as defined in § 18.2-374.1 or who knowingly encourages such person to perform in or be a subject of sexually explicit material; shall be guilty of a Class 5 felony.

C. Any person who is convicted of a second or subsequent violation of this section shall be guilty of a Class 4 felony; provided that (i) the offenses were not part of a common act, transaction or scheme; (ii) the accused was at liberty as defined in § 53.1-151 between each conviction; and (iii) it is admitted, or found by the jury or judge before whom the person is tried, that the accused was previously convicted of a violation of this section.

D. Any parent, step-parent, grandparent or step-grandparent who commits a violation of either this section or clause (v) or (vi) of subsection A of § 18.2-370.1 (i) upon his child, step-child, grandchild or step-grandchild who is at least 15 but less than 18 years of age is guilty of a Class 5 felony or (ii) upon his child, step-child, grandchild or step-grandchild less than 15 years of age is guilty of a Class 4 felony.

The language of the statute also allows the government to penalize other minors involved in practices such as online chatting with other minors, text messages or “sexting”.

§ 18.2-370.01. Indecent liberties by children; penalty.

Any child over the age of thirteen years but under the age of eighteen who, with lascivious intent, knowingly and intentionally exposes his or her sexual or genital parts to any other child under the age of fourteen years who, measured by actual dates of birth, is five or more years the accused’s junior, or proposes that any such child expose his or her sexual or genital parts to such person, shall be guilty of a Class 1 misdemeanor.

Defending against accusations of attempted indecent liberties with a minor (use of communications system to facilitate certain offenses involving minors) in Virginia, including:
Henrico, Richmond City, Chesterfield, Colonial Heights, Amelia, Dinwiddie, Nottoway, Petersburg, Powhatan, Albemarle, Charlottesville, Culpeper, Fluvanna, Goochland, Greene, Louisa, Madison, Orange, Fairfax, Prince William, Alexandria, Arlington, Fauquier, Loudoun, Rappahannock, Norfolk, Virginia Beach, Newport News, Hampton, Portsmouth, Isle of Wight, Suffolk, Chesapeake, Fredericksburg, Spotsylvania, Stafford, Caroline, Essex,, Hanover, King George, Lancaster, Northumberland, Richmond County, Westmoreland, Charles City, Gloucester, James City County/Williamsburg, King William, King and Queen, Mathews, Middlesex, New Kent, Williamsburg/James City County, York County, Poquoson.

Virginia Internet attempted indecent liberties with a minor defense lawyer and defense computer forensics experts.