Also known as computer trespass, 18 Pa. C.S. § 7615 is a very serious charge that could result in life-altering penalties. If you see this statute number on any paperwork associated with your case, it is very important that you seek legal guidance right away. Our Montgomery County cyber crimes lawyer is here to help.
What Does Pennsylvania’s Computer Trespass Law Say?
According to 18 Pa. C.S. § 7615, multiple crimes fall under the label of “computer trespass.” These are:
- Removing data, a program, or a piece of software
- Causing a computer to malfunction, even if it is only for a short period of time
- Erasing or changing data, a program, or a piece of software
- Changing or illegally initiating financial transactions
- Doing physical damage to a computer or piece of hardware
Deleting a program from someone else’s computer, deliberately infecting someone else’s computer with a virus that prevents it from functioning properly, and transferring funds from someone else’s bank account into your own are all examples of violations of 18 Pa. C.S. § 7615.
It is important to note that, to be considered a crime, these actions must be taken “knowingly and without authority.” These conditions present your lawyer with possible options for building a defense. For example, we might argue that your actions were accidental and unintentional, or we might collect evidence that proves you were given permission (or reasonably believed you were given permission) to take the actions you did.
Is Computer Trespass a Felony?
Yes. Computer trespass is graded as a third-degree felony under 18 Pa. C.S. § 7615. Felonies are the most serious type of crime you could be charged with and generally involve much more severe penalties than misdemeanors or summary offenses.
What Are the Penalties Associated With a Computer Trespass Conviction?
The penalties you face if convicted could involve a fine of up to $15,000 and a prison sentence of up to seven years. The judge may decide to add other penalties, such as paying restitution to the alleged victims, as well.
Please note that these are the maximum possible penalties associated with this one charge. You might face lighter penalties if your lawyer successfully argues for leniency based on extenuating circumstances or if there was minimal damage done. If this is not your first offense, you may be more likely to face the maximum penalties. If you face multiple cyber crime charges simultaneously, you could face even higher penalties.
Your lawyer may be able to help you avoid penalties completely by getting the charges dropped or by defending you at trial.
Why Is 18 Pa. C.S. § 7615 Such a Serious Offense?
Tampering with a computer or computer system can have major consequences. Victims may lose large sums of money or have their private data compromised, and they may have to spend additional money on replacing or upgrading the affected devices or systems.
Because of the high stakes involved, Pennsylvania authorities take computer trespass very seriously. If this statute number appears anywhere on your legal paperwork, you should take it seriously as well and immediately seek legal advice.
How to Fight Back Against Cyber Crime Charges
The first thing you should do if you face charges of any kind is to remain silent. It is your constitutional right to say nothing to law enforcement until you have consulted with a lawyer.
Our criminal defense attorney can help by carefully investigating your situation and figuring out the right way to defend you. There are several measures we might take to minimize the disruption to your life and future:
- Negotiating a plea deal, where you agree to plead guilty in exchange for a lesser charge and lighter penalties
- Getting the charges reduced, where we argue that your alleged actions do not justify such a serious charge
- Getting the charges dismissed, where we convince the judge that the prosecution does not have enough evidence to prove that you committed the crime you are accused of
- Going to trial, where we build a case in your defense and present it in court while pointing out all of the weaknesses in the prosecution’s case
What Not to Do if You Are Charged With Computer Trespass
While remaining silent and consulting a lawyer can protect your rights, the following actions could end up hurting your credibility and your case:
- Speaking to authorities without a lawyer gives them the chance to twist your words or pressure you into confessing, even if you did nothing wrong
- Destroying evidence, like hard drives or internet history, is useless (such information can be recovered) and could result in additional charges
- Consenting to a search of your property if the authorities do not have a warrant gives them extra opportunities to find evidence against you
- Getting defensive or angry makes you look guilty
Dealing with a computer trespass charge is not easy. It is normal for the accused to feel stressed and scared. You may even want to take action—any action—right now to try to regain control of the situation.
All that said, the best way to protect yourself is by remaining calm and getting professional legal help. Share everything you know with your attorney and let us guide you through the legal system.
Learn More About 18 Pa. C.S. § 7615 and Your Rights Today
McKenzie Law Firm, P.C., handles a wide range of cyber crime cases, from computer trespass to online stalking, cyberbullying, identity theft, and much more. If you have been arrested on computer trespass charges, call us today. Our criminal defense lawyer can give you a detailed overview of 18 Pa. C.S. § 7615 and how it applies to your case. You do not have to leave home to take advantage of our free consultations.
