WHITE COLLAR CRIMES
Federal Computer Crimes Defense Attorney
NOTE: Originally, this article was published November 4, 2010. The following entry was amended to detail important changes to U.S. federal law since December 21, 2018, when the First Step Act (P.L. 115- 391) became effective. Since that point, certain federal inmates can qualify for an increased amount of good time credits and days off their sentence.
The U.S. government prosecutes computer crimes through a catch-all provision in 18 U.S. Code § 1030. This statute was most recently amended by the Patriot Act in 2001. Its purpose, as stated by Congress, is to protect America from cybercrime.
Types of Federal Computer Crimes
The law punishes seven different types of computer crimes, each with its own penalty:
- Breach of National Security or Espionage – Felony with a sentence of not more than 10 years imprisonment, see 18 USC 1030(a)(1);
- Illegally Obtaining Financial Information – Misdemeanor with a sentence of one year imprisonment or if committed for financial gain, not more than five years in prison., see 18 USC 1030(a)(2);
- Accessing Nonpublic Computer from Federal Government – Misdemeanor with a sentence of one year in prison, see 18 USC 1030(a)(3);
- Theft from Protected Computer Systems for Purpose of Committing Fraud – Felony with a sentence of not more than five years in prison, see 18 USC 1030(a)(4);
- Hacking into Protected Computer and Installing Code or Other Malicious Software to Cause Damage – Felony with a prison sentence not to exceed 10 years, see 18 USC 1030(a)(5);
- Distribution of Protected Passwords (e.g., Password Trafficking) – Misdemeanor with a sentence of not more than one year incarceration, see 18 USC 1030(a)(6); and
- Extortion by Threatening to Harm a Protected Computer – Felony with a penalty of not more than 10 years in prison. See 18 USC 1030(a)(7).
Sentencing & Penalties for Federal Computer Crimes
For the misdemeanor federal computer crimes listed above, it is possible for a judge to order a lenient sentence. For these low-level and non-violent offenses, inmates can earn a maximum of 54 days off their sentence per year. That being said, offenders with convictions for violent crimes or terrorism are excluded from this program.
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White Collar Crimes
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