Also known as “computer theft,” 18 Pa. C.S. § 7613 states that it is illegal to access, steal, or copy computer data that you do not have authorization to view or use.
If you notice this statute number on any documentation relating to your case, it is important to take action quickly to protect your rights. Our Pennsylvania cybercrime lawyer can review your situation and figure out the best way to defend you against this charge.
What Actions Are Illegal Under 18 Pa. C.S. § 7613?
Computer theft constitutes two main parts:
- It is illegal to access computer data or systems that do not belong to you. Even if you have permission to use a particular computer, if you use that permission to look at data you know you should not be using, this still counts as computer theft.
- It is illegal to take or make copies of documents that do not belong to you. This also includes any materials not stored digitally, such as hard copies of installation or instruction manuals.
Even if you did not engage in both of these activities—for example, if the authorities believe you illegally accessed a system without making hard copies of anything you saw there—you could still be charged with computer theft. You may also face additional, related charges, such as computer trespass (18 Pa. C.S. § 7615) or unlawful use of a computer (18 Pa. C.S. § 7611).
What Are the Penalties Associated With 18 Pa. C.S. § 7613?
If you are convicted under 18 Pa. C.S. § 7613, you will have a third-degree felony on your record. Third-degree felonies are the “least serious” type of felony, but they are more serious than misdemeanor charges and potentially come with onerous penalties, including:
- Up to $10,000 in fines
- Any additional fees or restitution payments the judge feels are appropriate
- Up to 7 years behind bars
- A permanent criminal record that could affect your rights, career, and reputation
Unlike misdemeanors and other comparatively minor crimes, felonies are typically not eligible for expungement. This means that anyone who runs a background check on you will be able to see you were convicted of a felony cybercrime. This could make it much harder for you to find employment, especially in the technology sector.
A Cybercrime Conviction Is Not Inevitable
It goes without saying that you want to avoid a conviction if at all possible. To have a fair chance of doing so, you can hire a criminal defense lawyer who has previous experience with cybercrime cases.
Our law firm takes cases involving many kinds of cybercrimes, so we can assist those who are accused only of computer theft as well as those facing multiple related charges. Depending on the specifics of your case, we may fight the charges by arguing that:
- You had good reason to believe you were authorized to access and/or take the material
- Someone else committed the crime using your identity or computer
- The charges are too severe and do not match the true nature of your actions
- The prosecution does not have enough evidence to prove their claims
- The prosecution illegally collected some or all of the evidence against you
Note that there is no “foolproof” defense strategy that will work in every case. It is very important that we investigate your case, examine all evidence, and come up with a plan tailored to your needs.
What Can You Expect if You Are Charged With Computer Theft?
The legal process may differ somewhat depending on the specifics of each individual case. However, there are some general steps and actions that you should prepare yourself for:
Interactions With Investigators
Both before and after charging you under 18 Pa. C.S. § 7613, the investigators who are prosecuting your case will want to speak with you. These investigators may be state or federal law enforcement agents, depending on what kind of computers or materials you are accused of illegally accessing or stealing.
You have the right to remain silent during these interrogations. Tell them that you will not answer any questions until you have had a chance to speak with your defense lawyer.
Hearings and Meetings
After the arrest, you will have to attend several different kinds of hearings. Your lawyer’s first chance to fight the charges against you is at the preliminary hearing. Here, your defense attorney might be able to make the case that there is insufficient evidence to go any farther. If the judge agrees, your case will be dismissed and you can go home.
If the judge disagrees, or if you are facing multiple charges and the judge only agrees to drop one or some of them, you and your legal representative will continue to work together to craft your defense.
Negotiations and Trial
Our defense attorney can sometimes meet with the prosecution and get them to agree to reduce the charges against you. In other cases, we strike a plea deal, in which you agree to plead guilty to a lesser charge so as to avoid the severe penalties associated with a felony.
If necessary, we can also represent you at trial. This would involve presenting evidence and questioning witnesses in front of a judge and jury. The jury would consider both sides of the story and then decide if there is enough evidence to convict. Our legal team would use all legal tools at our disposal to undermine and disprove the prosecution’s case.
If You Have Been Charged With Computer Theft, Call Us Today
McKenzie Law Firm, P.C., prioritizes client satisfaction. Our cybercrime attorney will work closely with you to come up with the right defense strategy based on your situation. Then we will fight hard for the best possible outcome, which may include a reduction or dismissal of charges under 18 Pa. C.S. § 7613. Call now to learn more.
