Under California Penal Code § 502 PC, unauthorized computer access is a criminal offense when it entails accessing another person’s or company’s computer, data, software, or a computer network without permission.
This includes:
- altering,
- damaging,
- deleting,
- destroying, or
- otherwise using any of the data.
Prosecutors may charge this as a misdemeanor or a felony, and a conviction can be punished by up to 3 years in jail.
The language of 502(c) PC states that:
(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.
(3) Knowingly and without permission uses or causes to be used computer services.
(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.
(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.
(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.
(9) Knowingly and without permission uses the internet domain name or profile of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages or posts and thereby damages or causes damage to a computer, computer data, computer system, or computer network.
(10) Knowingly and without permission disrupts or causes the disruption of government computer services or denies or causes the denial of government computer services to an authorized user of a government computer, computer system, or computer network.
(11) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a public safety infrastructure computer system computer, computer system, or computer network.
(12) Knowingly and without permission disrupts or causes the disruption of public safety infrastructure computer system computer services or denies or causes the denial of computer services to an authorized user of a public safety infrastructure computer system computer, computer system, or computer network.
(13) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or public safety infrastructure computer system computer, computer system, or computer network in violation of this section.
(14) Knowingly introduces any computer contaminant into any public safety infrastructure computer system computer, computer system, or computer network.
The code section is also known as the Comprehensive Computer Data Access and Fraud Act.
PC 502 (c) lists several ways to commit a crime. Some of these include:
- taking or copying data from a computer, computer system, or network without permission.
- introducing a computer virus into a computer, computer system, or computer network.
- altering or damaging any data or computer system to devise a scheme to defraud or wrongfully obtain money or property.
Defenses
You can beat a charge under this statute with a legal defense. Common defenses include:
- no knowledge,
- consent to access, and/or,
- no fraud.
Penalties
Most violations of these laws are wobbler offenses under California law. This means the crime can be charged as either:
- a misdemeanor, or
- a felony.
If a misdemeanor, the offense is punishable by imprisonment in county jail for up to one year.
If a felony, the crime can lead to up to three years in custody.
In lieu of a jail or prison term, a judge can award a defendant with either:
Our California criminal defense attorneys will explain the following in this article:
- 1. Elements of the Crime
- 2. Defenses
- 3. Penalties
- 4. Deportation
- 5. Expungements
- 6. Gun Rights
- 7. Related Offenses
Penal Code 502c PC is the California statute that defines the crime of “unauthorized computer access.”
1. Elements of the Crime
In California, “unauthorized computer access” under PC 502 is accessing without permission a computer, data, software, or a computer network.1 It is also a crime to access these items with the intent to:
- defraud,
- cause harm, or
- commit a crime.2
In addition, PC 502 prohibits helping someone else access a computer, computer system, or computer network.3 Note that you are guilty under these laws only if you acted knowingly and without permission.
Example: Marsha suspects her husband Dave is having an affair and is communicating with his mistress via his work email. After a few tries, Marsha is able to guess his password for his work email. She uses it to log into his email and reads through it.
Here, Marsha is guilty under PC 502. She entered her husband’s work network knowing she was doing so. She also did so without his permission.
This statute lists several ways you can commit a crime. However you can still commit an offense if you do some other wrongful act not highlighted in the law.4
Civil Lawsuits
Unauthorized computer access is not only a crime but also grounds for a civil lawsuit. For a plaintiff to win a lawsuit against you, they have to prove by a preponderance of the evidence the following elements of the jury instructions:
- The plaintiff is the owner/lessee of the computer/network.
- You knowingly accessed the plaintiff’s computer/network.
- You did not have the plaintiff’s permission.
- The plaintiff was harmed.
- Your conduct was a substantial factor in causing the plaintiff’s harm.
If you lose the lawsuit, you may be ordered to pay all the plaintiff’s out-of-pocket costs (compensatory damages). You may even have to pay punitive damages if the court finds your conduct was particularly shocking or malicious.5
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people charged with cybercrimes, including PC 502 violations. In our experience, the following defenses prove effective with prosecutors, judges, and juries at getting these charges lessened or dropped.
You Had No Knowledge of What You Were Doing
You are guilty under this statute only if you acted knowingly. This means with the knowledge that you were unlawfully accessing a computer or computer network. Therefore, a defense is to say that you did not have this knowledge. Perhaps, for example, you got onto someone else’s computer by accident.
You Had Consent to Access the Computer
You are guilty of this crime only if you acted without permission. This means it is a defense to show you had consent to access a computer. Note, though, that this consent must come from someone authorized to provide it.
You Did Not Act Fraudulently
Penal Code 502 makes it a crime to access a computer unlawfully. It also makes it an offense to do so and also defraud someone.
“To defraud” means to deceive someone or trick them.
In these cases, it is a defense to say that:
- you did access a computer without permission, but
- you did so without an intent to defraud.
Perhaps, for example, you wanted to pull a prank and did not intend an illegal act.
A violation of this law can result in a fine and/or jail time
3. Penalties
Most violations of this statute are wobblers. A wobbler is an offense that can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the crime is punishable by:
- imprisonment in county jail for up to one year, and/or
- a maximum fine of $5,000.6
If charged as a felony, the offense is punishable by:
- imprisonment for up to three years, and/or
- a maximum fine of $10,000.7
4. Deportation
Most Penal Code 502 convictions will not cause negative immigration consequences.
Some California crimes can lead to a non-citizen defendant being:
- deported, or
- marked as inadmissible.
Examples are crimes involving moral turpitude and aggravated felonies.
Most PC 502c crimes, though, are not these types of offenses.
5. Expungements
You can get an expungement if convicted under these laws.
You can get an expungement if you complete:
- probation, or
- a jail term (whichever is applicable).
Note that a judge may even award expungement if you violate a probation term.
6. Gun Rights
A conviction under this statute may adversely affect your gun rights.
California law says that it is illegal for convicted felons to:
- own a gun, or
- possess a gun.
This means a felony PC 502 conviction will strip away your gun rights.
However, a misdemeanor conviction will not harm these rights.
7. Related Offenses
- Penal Code 484 e-j PC – Credit card fraud
- Penal Code 487 PC – Grand Theft
- Penal Code 530.5 PC – Identity Theft
Legal References:
- California Penal Code 502 c PC.
- See same.
- See same.
- People v. Tillotson (2007) 157 Cal.App.4th 517. People v. Lawton (1996) 48 Cal.App.4th Supp. 11.
- CACI No. 1812. Comprehensive Computer Data and Access Fraud Act – Essential Factual Elements (Pen. Code, § 502)
Judicial Council of California Civil Jury Instructions (2024 edition). - Penal Code 502 c PC.
- See same.