Different levels of punishments are imposed on hackers depending on the degree of crime and the damage caused to the victim. The penalties imposed on hackers depend on the conditions the action takes place. This penalty principally depends on the value of data that is acquired.
Even though cybercriminals are not easy to identify and arrest due to the astounding prevalence of hacking, neither are viruses like Ransomware removal easy. Security and law agencies are actively attempting to develop rigorous ways to tackle the problem and penalize the criminals in order to mitigate the ever-increasing crime.
To give readers a better understanding of federal computer hacking laws, our federal criminal defense attorneys are providing an overview below. As noted above, there are several federal statutes that can apply to prosecuting various cybercrimes across the United States, but federal prosecutors will use certain laws to pursue criminal charges for computer crimes.
Most federal computer hacking offenses are pursued under 18 U. This statute makes it a federal crime to access a protected computer without consent with intent to cause harm or commit a fraud crime.
Federal computer hacking cases normally involve a situation where someone is accused of hacking a hacking a government computer, hacking a computer to steal anything of value, hacking a personal or business computer to commit identity theft or obtain financial information, or hacking to cause damage or destroy files.
Most criminal prosecutions under the Computer Fraud and Abuse Act will fall into a certain type of behavior, such as:. As noted, federal prosecutors can still pursue charges for alleged violations of computer hacking laws against anyone who is attempting or conspiring to engage in computer hacking.
The Computer Fraud and Abuse Act CFAA was enacted in was first designed to protect government operated computers, but the statute has broadly expanded to prosecute anyone accused of illegally accessing government, personal or business computer many reasons. Under 18 U. In order to be charged with federal computer hacking, someone has to access a protected computer without authorization, or they exceeded their authorization by using the computer improperly.
Related crimes to federal computer hacking include conspiracy to commit computer hacking, possession, duplication, or distribution of confidential computer material, sending huge amounts of SPAM emails, and illegally accessing stored communications. It should be noted that anyone who is facing criminal charges under 18 U.
The decision will normally depend of the circumstances of the case, primary motivation of the conduct, and the level of harm it caused.
Crotty Saland PC Home. Contact Crotty Saland PC. Elizabeth Crotty Esq. Peter Katz Esq. Robert Maher Esq. Practice Areas. Federal Criminal Defense. Computer Crimes. Prosecution of Cyber Crimes To say that Federal prosecutors are vigilant about investigating and charging all forms of crime related to computers is an understatement.
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