18 Pa. C.S. § 7612 is also known as disruption of service. If you are accused of intentionally interfering with a computer system or device for the purpose of preventing others from using that system or device, you might see this statute appear on paperwork about your case or hear about it from others involved in the case.
It is important to know everything possible about the charge you face as soon as possible. Our Montgomery County cyber crimes lawyer can tell you what you need to know.
A Complete Overview of 18 Pa. C.S. § 7612
Pennsylvania law defines disruption of service as any action a person takes to deliberately block other people’s access to information on a computer or system, or to prevent other people from using a computer or system to complete sales or other transactions.
Examples of actions that could count as disruption of service include but are not limited to:
- Hacking into a business’s website and making it impossible for visitors to use or access the site
- Changing passwords or security measures so authorized persons cannot get into a computer system
- Launching a Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attack
Disruption of service is a third-degree felony in Pennsylvania. The maximum penalties you could face if convicted are up to seven years in prison and/or up to $15,000 in fines. Such severe penalties can affect your entire life, from your career and financial stability to your relationships with family and standing in the community.
Is Disruption of Service a State Crime or a Federal Crime?
Whether you are charged at the state or federal level depends on what systems or devices you allegedly tampered with. For example, the Federal Bureau of Investigation (FBI) will be called in if your case involves a financial or healthcare institution.
In some cases, both state and federal law enforcement will work together on a case and decide among themselves how they want to handle the process of bringing charges.
It is very important to find out as soon as possible if you will be charged at the state or federal level, as this information has a huge impact on where you will be tried, what penalties you face, and what legal strategy your defense attorney uses. If you are unsure of the details of the case against you, your lawyer can investigate to learn all of the facts.
Possible Defense Strategies in 18 Pa. C.S. § 7612 Cases
Common defense strategies in these cases include arguing that:
- You did not act intentionally: You only commit a disruption of service offense if you meant to commit the act in question. If you made a mistake that ended up leading to a disruption of service, this is an accident, not a crime.
- The charges are too serious: We may show that the evidence does not support a felony charge and push for a lower charge instead.
- The prosecution’s evidence is inadmissible: For example, if the prosecution failed to secure a valid warrant before searching your property, then any evidence they collected during that search cannot be used against you.
- You were mistaken for someone else: Cyber criminals sometimes hide behind other people’s IP addresses, making it look like you committed a crime that you had no involvement in.
There is no single strategy that can be applied to every disruption of service case. Your legal representative has to carefully investigate the crime itself, the circumstances surrounding it, and your alleged involvement before deciding on the right defense.
How Does Your Lawyer Decide on a Defense for a Disruption of Service Case?
In addition to reviewing the prosecution’s evidence and collecting evidence of their own, your attorney will listen to your side of the story to figure out where to go from here.
It is vital that you are completely honest with your lawyer. Our only job is to fight for the best possible outcome in your case, and the only way we can do this is if we know everything there is to know about what happened.
What if You Are Facing More Than Just a Disruption of Service Charge?
The presence of multiple charges could both complicate your case and lead to more serious penalties if you are convicted.
Under Pennsylvania law, being charged with one type of cyber crime does not prevent you from being charged with other, related offenses at the same time. Depending on the circumstances, you could, for example, be charged not only with disruption of service but also with unlawful use of a computer (18 Pa. C.S. § 7611), computer trespass (18 Pa. C.S. § 7615), or something else.
Facing multiple charges means your lawyer has to account for every single charge, both individually and collectively, in your defense. This involves:
- Looking for weak spots in the prosecution’s case
- Collecting evidence that contradicts the prosecution or proves your innocence
- Developing arguments and strategies for use in and out of the courtroom
Your lawyer might succeed in getting one charge reduced or dismissed, but this would not necessarily affect the other charges. This is part of what makes cases involving multiple charges so complex.
Whether you are facing just the one charge or several, it is best to consult with a lawyer as soon as you can. The prosecution is already building their case against you. You want to give your legal team as much time as possible to create a strong defense.
If You Face Charges Under 18 Pa. C.S. § 7612, You Deserve Legal Representation
Pennsylvania’s computer crime laws can be very strict, so call McKenzie Law Firm, P.C., today to learn more about them. We support our clients by providing an overview of 18 Pa. C.S. § 7612 and of the various legal options available to fight back against this charge.
