California uses a simple definition of using or accessing a computer network without permission. In California, it is a crime to knowingly access a computer network, computer, or computer system without the permission of the owner.
Under California Penal Code 502, unauthorized computer access is considered a crime when an individual damages, interferes, tampers, and commits an unauthorized access to a lawfully created computer system or computer data.
There are numerous ways an individual can commit unauthorized computer access and violate California Penal Code Section 502, including:
- Altering, deleting, taking, or stealing data;
- Assisting another individual with unauthorized access;
- Disrupting or denying computer services to an authorized user;
- Unauthorized use of computer services without permission;
- Creating or spreading a computer virus or introducing computer containment;
- Using another individual’s domain name or profile; and
- Unauthorized access to public safety or government computer systems.
What if I Didn’t Physically Use the Computer but Had Unlawful Access?
Even if an individual did not physically use the computer but had unlawful access, it may still be larceny. Unlawful access to a computer can include hacking the computer from a remote location.
Hacking may include unauthorized access to computers, computer files, online storage mechanisms, and other computer-related technologies. In most cases, hacking is used to obtain confidential information such as bank accounts, trade secrets, or financial records, among other things.
Is Illegally Accessing a Computer Without Permission Larceny?
Larceny is defined as the unlawful taking and carrying away of the personal property of another without their consent or authorization with the intent to permanently deprive that individual of their personal property. Personal property is defined as anything other than land that may be subject to ownership.
The two basic types of personal property are tangible and intangible. Tangible personal property is property that can be physically handled, such as jewelry, furniture, electronics, etc. Intangible personal property includes types of property that cannot be physically handled such as bank accounts, stocks, etc.
Although larceny and theft are used interchangeably, larceny differs from theft. Larceny may sometimes be known as common theft or simple theft. Larceny usually only applies to tangible property, such as jewelry.
Although larceny is a form of theft, a theft is not always larceny. Because of this, it is more appropriate to categorize the crime as larceny or larceny-theft instead of theft. The definition of larceny varies by state.
In California, illegally accessing other computer systems without permission is considered larceny. If an individual has any questions regarding accessing a computer system larceny charges, they should consult with a local California attorney.
What if I Accessed the Network to Find Information, Can I Be Charged?
Yes, an individual can be charged if they access a network to find information. In California, it is illegal to access a network or computer for any of the following purposes:
- Altering information;
- Obtaining information;
- Destroying data;
- Using the data on the computer.
In order to be charged and convicted of this type of crime, intent must be proven. Criminal intent is an individual’s state of mind and motivations connected to the crime or crimes committed.
Criminal intent may be categorized as general intent or specific intent. It is generally more difficult to prove specific intent crimes.
General intent only requires that the criminal act be performed, regardless of the result. General intent crimes are easier to prove because it is not necessary to show a particular purpose.
Specific intent is a state of mind at the time of the commission of a crime. It requires the commission of an unlawful act with an additional subjective intent or objective. Specific intent crime definitions usually include language such as intentionally, knowingly, purposely, and/or willfully. Theft crimes are specific intent crimes because you must intentionally take another’s property (general intent) with the intent to permanently deprive the owner of that property (specific intent).
Can I Be Charged if I Let My Friend Access My Work Computer?
Yes, an individual can be charged for letting a friend access a work computer. In California, giving another individual access to a network, computer, or computer system without the permission of the owner is a crime. Unlawful access includes giving another individual a password that allows access to the computer or network.
The penalties for knowingly allowing an unauthorized person to access a work computer or network may vary by jurisdiction and facts of the case. For example, penalties may be harsher or more numerous if an individual allows a friend to access their work computer or network knowing they have a criminal intent for doing so.
Can I Be Charged With Accessing a Computer and Another Type of Criminal Charge?
Yes, an individual can be charged with accessing a computer and another type of criminal charge. An individual may illegally access a network or computer with the intent to commit additional crimes. If so, the individual could be charged with accessing a computer and with whatever other crimes they committed while they had access to the computer or network.
For example, if an individual accesses a computer or network for unlawful financial gain, they may be charged with unlawfully accessing a computer and with theft. In addition, accessing a computer is categorized as a wobbler crime, meaning it can be charged as a misdemeanor or a felony.
How Much Time Can I Get for Accessing a Computer or Network?
The penalties for unauthorized computer access vary depending on the jurisdiction and the facts of the case. An individual who illegally accesses a computer or network may be charged with a misdemeanor or a felony.
The penalties for larceny crimes are usually dependent on the value of the property stolen. The court will take into account whether the crime was charged as a misdemeanor or a felony prior to sentencing. There are legal consequences for each type of conviction.
In cases where an individual is convicted of misdemeanor larceny, the punishment may include fines and/or a jail term of up to one year.
If an individual is convicted of felony larceny, they may face higher fines and a prison sentence of one year or more. Felony larceny may be divided into degrees or categories, depending on the jurisdiction. These usually vary based on the amount of property stolen. The sentences for a conviction vary as well, usually between 5 to 15 years in prison.
Are There Any Defenses for Larceny?
Yes, there are defenses available if an individual is charged with a theft crime. These will vary depending on the facts of the case, but may include:
- A mistake;
- The defendant has true ownership of the property;
- The defendant was authorized to use the property.
These defenses may not be available in every case. In some cases, mitigating factors can lessen the severity of punishment for theft crimes. Mitigating factors may include a lack of criminal history, remorse, age, or cooperation.
Can a Lawyer Help Me With My Criminal Charge?
Criminal larceny charges can be very serious and have lasting consequences, whether it is a felony or misdemeanor. A California criminal lawyer can review your case and determine if any defenses are available to you.
A criminal lawyer can also represent you during any court proceedings and ensure your rights are protected and none are inadvertently waived. Your attorney may also be able to negotiate with the prosecutor for a reduction in the charges against you or even a dismissal in some cases.
