Tucson Hacking and Cyber Crimes Defense

As our modern lives continue to rely more and more on computer technology, the threat of hacking and cyber crimes has grown, as have law enforcement efforts to curtail the practice.  Though the word "hacked" is often used to describe pranks between friends who leave their social media profiles open, the law generally does not get involved in those types of scenarios.  Security hacking, on the other hand, where people with advanced technical knowledge use their unique skills to find and exploit weaknesses in websites, databases, computer systems or networks, is a serious threat to privacy, business, and even government functions. 

Cyber-security is a mega industry, where companies and governments hire individuals with expertise to locate and fix weaknesses before they are exposed by those with ulterior motives.  Hacking is done for many reasons, including activism, profit-seeking, boredom, revenge, and more. 
The sophistication and skill of many hackers has made their detection by law enforcement difficult, but hacking and cyber crimes cases are common in Arizona, especially in Federal Court, though Arizona has state laws dealing with the issue.  Every state, as well as the federal government, has enacted some form of hacking, tampering, or cyber-crime law.  As with many areas of criminal law, Arizona and federal law punish cyber crimes harshly.

FEDERAL HACKING LAWS
Most who are accused of hacking in Federal court are charged under the Computer Fraud and Abuse Act ("CFAA"), which covers a wide range of computer-related offenses.  The CFAA can only protect information that relates either to interstate commerce or the federal government, because the Federal courts have limited jurisdiction.  It should be noted that Congress and the Federal court system have interpreted the commerce power quite broadly, and most commercial activity in the United States involves more than one state in one way or another.  Under the CFAA, a person can face up to 20 years in prison and fines of up to $250,000 for damaging or intending to damage another's system.
More about Federal Criminal Defense

ARIZONA HACKING LAWS
Under Arizona law "computer tampering" without authorization (or exceeding authorization) is a felony, and can range from Class 2 (most serious) to Class 6 (least serious, but still a felony), depending on the circumstances.  Computer tampering cases can be prosecuted in the county where the victimized computer is located, any county where the computer(s) used is located, any county where access was denied or an authorized user's use interrupted, or the county in which critical infrastructure resources were tampered with or affected.  This means that the prosecution need not be able to prove where a defendant was when tampering, supposing there is other evidence linking them to the act (e.g. admission, accusation by another, etc.).

RELATED OFFENSES

• Unauthorized Possession of Access Device
  
• Unauthorized Release of Proprietary or Confidential Computer Information
  
• Tampering with a Public Record
  
• Cyber-stalking
  
• Interception of Electronic Communications
  
• Child Pornography
• Internet Luring of Minors
  

If you or a loved one has been arrested, or charged with a hacking or cyber crime, whether in federal court or state court, there are many defenses in these cases.  The vague language in some of the statutes, a host of potential search and seizure issues, as well as the mysterious nature of computer hacking, often results in law enforcement and prosecution mistakes.  Contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Attorney.

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Pima County Superior Court
AZ Hacking Statute (ARS 13-2316)
AZ DPS - Computer and Financial Crimes

US District Court - Arizona (Tucson)
Computer Fraud and Abuse Act (18 USC 1030)
DOJ Computer Crimes Prosecution Manual