In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
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Call Us NowHacking into certain computers is a federal crime in Nevada. Depending on the case, penalties may carry several years in prison and huge fines.This article summarizes the various “cybercrimes” that are prosecutable under federal law. Scroll down to learn about what constitutes computer fraud, how our Nevada criminal defense attorneys defend against allegations, and what punishments courts may impose.
Congress first passed the Computer Fraud and Abuse Act in 1986. It was meant to deter and punish various forms of computer hacking in the following situations:
Note that not all computers are “protected” under 18 U.S.C. § 1030. Criminal defense attorney Michael Becker explains how some hacking is not illegal under the Computer Fraud and Abuse Act:
Example: Sam in Henderson, NV, hacks into his roommate’s computer to read his email. Although Sam may be booked at the Henderson Detention Center for an identity theft crime, he probably would not be liable under 18 U.S.C. § 1030. This is because the roommate’s computer was not used by the U.S. Government or a bank, and Sam’s actions did not affect interstate or foreign commerce.
Also note that the Computer Fraud and Abuse Act prohibits not just committing computer fraud but also attempting or conspiring to commit computer fraud. Therefore it is possible to be found liable under this law even if the defendant was ultimately unsuccessful in perpetrating the fraud.
There are many forms of computer fraud that are illegal under 18 U.S.C. § 1030. The following are some of the more common cybercrimes:
In short, stealing information from a “protected” computer or damaging a “protected computer” such as with a worm or virus can be prosecuted under the Computer Fraud and Abuse Act.
The primary defense in all fraud cases including computer fraud is that the defendant did not have an “intent to defraud.” Federal fraud charges should not stand unless the defendant acted knowingly and intentionally.
Example: Sandy works at Citibank in Reno and checks her email on her work computer. She sees a message she mistakenly believes is from a colleague and opens the attachment, which contains a virus which infects all of Citibank’s computers. The U.S. Marshals Service then books her at the Washoe County Detention Center for unleashing the virus on a bank computer. But Sandy should not be convicted because she had no idea that the attachment contained a virus.
Another defense to federal charges of computer fraud is that the U.S. Attorney’s Office lacks sufficient evidence to prove the defendant guilty beyond a reasonable doubt. As long as the defense attorney can show the court that the government’s evidence is not adequate to sustain a conviction, the charges should be dropped.
It is also possible to get a federal computer fraud case thrown out if the court rules that the police acted illegally when investigating the charges. First the defense attorney would file a “motion to suppress evidence” asking the judge to disregard any evidence unearthed from police misconduct. If the judge agrees the cops behaved unlawfully and grants the motion, the prosecution may then drop the case for lack of evidence.
Depending on the circumstances of the case, penalties for violating the Computer Fraud and Abuse Act typically range from one to twenty years in Federal Prison and/or a fine. But the judge may order up to a life sentence if the defendant knowingly or recklessly caused (or attempted to cause) another’s death.
Note that all federal cases involving fraud are handled in either the Lloyd D. George Federal Courthouse in Las Vegas or the Bruce R. Thompson Federal Courthouse in Reno.
If you are facing federal charges of “computer fraud” in Nevada, contact our Las Vegas Federal Crimes Lawyer. It may be possible to get the allegations lessened to minor charges or dismissed. And if necessary we are ready to take the matter all the way to trial and fight for a “not guilty” verdict.