If you have been charged with unlawful use of a computer, you may have noticed the statute number “18 Pa. C.S. § 7611” on paperwork associated with your case or heard it from the prosecution. Understanding what this law says and how to defend yourself against such a charge is critical for your future.
This article will explain what “unlawful use of a computer” means in layman’s terms. Our Montgomery County cyber crimes lawyer can provide a more detailed overview of 18 Pa. C.S. § 7611, what this charge could mean for you, and how to minimize or avoid penalties.
What Is 18 Pa. C.S. § 7611?
Under state law, several related cyber crimes fall under 18 Pa. C.S. § 7611:
- Accessing or damaging an individual device, a computer system, or a website in order to disrupt someone else’s operations and/or to gain unauthorized benefits or control of some kind
- Accessing or damaging a device, system, or website in order to disrupt its ability to function or to destroy it
- Giving out information, such as a password, that would allow someone else to access a device, system, or website that they do not have permission to access
How Does 18 Pa. Cons. Stat. § 7615 (Computer Trespass) Differ From 18 Pa. Cons. Stat. § 7611 (Unlawful Use of Computer)?
Unlawful use of a computer places greater emphasis on the act of illegally accessing or destroying a computer or system. Computer trespass is more concerned with what a person does once they have secured unlawful access. 18 Pa. C.S. § 7615 includes:
- Causing a computer, network, or website to malfunction
- Removing or altering a computer program, software, or data without permission
- Causing physical property damage
- Transferring or otherwise accessing money that you do not have permission to transfer or access
Both of these charges are third-degree felonies and so would carry similar penalties: up to $15,000 in fines and/or up to 7 years behind bars, in some cases. If you are charged with both crimes, the penalties you face could increase.
What Can You Do if You Are Facing Cyber Crime Charges?
Whether you have already been arrested or are still under investigation, now is a good time to speak to a legal representative. Do not speak to prosecutors on your own: you have the right to remain silent during questioning, and it is best to exercise that right until you can contact an attorney.
The sooner you get legal assistance, the better. We can advise you against taking actions that might hurt your case, such as:
- Destroying evidence: Not only does trying to destroy your computer history or the computer itself make you look guilty, it is often useless, as there are ways to recover lost information.
- Signing a confession: Prosecutors may try to frame this as a fast way to end the case, but it gives them more ammunition to use against you.
- Giving too much information: Even if you attempt to defend yourself or explain away your actions, prosecutors will only look for ways to use your words against you.
We can also represent you during hearings, meetings, and even a courtroom trial, should your case get that far.
How Can a Lawyer Defend You Against Unlawful Use of Computer Charges?
Depending on the specifics of the charge or charges against you, there may be several ways to protect your rights and get your regular life back. Your attorney can take all of the following and more into account:
With Cyber Crimes, Intent Is Key
Each of the crimes described under this law must have been done “knowingly” or with “intent.” For example, if someone is on a shared work computer and accidentally logs into an account they are not meant to be using, it is not a crime unless that person decides to use that access for an illegal purpose, such as deleting or altering restricted data.
Our attorney may be able to show that you did not mean to gain unauthorized access to a computer or system, and that you did no harm with this access.
Pennsylvania Shows Leniency to Minors
If your child is accused of a cyber crime, it is understandable to feel stressed or even panicked. It may help to know that juvenile cases are generally treated differently from adult cases.
In Pennsylvania, the emphasis is on guiding the child away from improper behavior, not on punishment. We can emphasize your child’s inexperience and fight to minimize the impact these charges have on their current routine and future opportunities.
Evidence in Cyber Crime Cases Must Be Gathered Legally
Even when someone is suspected or accused of a crime, that does not give investigators permission to violate their rights. They still have to:
- Obtain a warrant to search your home
- Obtain a warrant to search your computer or other devices
- Inform you of your Miranda rights at the time of arrest
If the prosecution failed to follow these and other procedures, the evidence they gathered is not admissible. This could seriously weaken their case against you, which in turn might prompt them to drop the charges.
These are just a few of the strategies we use in cyber crime cases. Once we have the chance to investigate your case, we can let you know what approach may best protect your rights.
Speak to Our Cyber Crimes Attorney Today
At McKenzie Law Firm, P.C., we understand that you are likely overwhelmed, confused, and even scared about the charges you face. That is why, once you become a client, you will have direct access to your lawyer via email, phone, text, or social media, giving you the chance to ask for more information about facing 18 Pa. C.S. § 7611 charges at any time.
Call now for a free consultation to learn more.
