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California Cybercrimes Attorney

Work With A Skilled Cybercrimes Lawyer to Assist You In Minimizing The Consequences Of Your Arrest

You need a skilled lawyer if the government accuses you of any type of cybercrime, including cyberbullying, identity theft, sexting, stalking, or another internet crime. Although these types of crimes are often federal offenses, the state can bring charges too. The consequences of a conviction can be extremely harsh depending on the nature of your offense. Therefore, if you’re facing criminal charges in California, act now to protect your rights and mount a successful defense. Get a free consultation with an experienced criminal defense attorney that focuses on cybercrimes from My Rights Law by calling (888) 702-8882 or leave a message on our secure contact form.

Cybercrimes in California

The expansion of the internet in recent decades has led to an explosion in the use of computers by individuals and businesses. This increase in computers and networking has led to a whole new world of potential crimes. Cyber crimes (also known as cybercrimes and computer crimes) are crimes committed using a computer or the internet. Because cyber crimes are relatively new, it is especially important to find an attorney with the training, skills, and knowledge to keep up in this expanding and fast-changing area of criminal law.

The following is a sampling of cyber crimes that may be charged in California, plus information on how a cyber crimes defense lawyer can help you protect your rights if you are charged with one of these complex crimes.

Internet Crimes (Cyber Fraud): Penal Code 530.5 PC

Cyber fraud, or internet fraud, involves using the internet to defraud victims[1]. There are many ways this computer crime can be accomplished, including:

  • Data breaches (a data leak where data is released from a secure location to an untrusted environment or when sensitive, protected, or confidential information is stolen or shared by an individual not authorized to do so)
  • Denial of service (a malicious interruption of an authorized user’s access to a system or network)
  • E-mail and business e-mail compromise (when legitimate e-mail accounts are targeted to request or conduct unauthorized transfers of funds or other illegal activity)
  • Malware (malicious software that damages or disables the target computer, typically with the intent of getting money from the victim)
  • Phishing (fraudulently attempting to get a user to divulge personal information such as passwords or credit card numbers, usually by sending the victim to a fake website under false pretenses )
  • Ransomware (a form of malware that prevents the victim, usually a large organization, from using their computers or accessing important data until a ransom is paid, often the ransom is requested in cryptocurrency, which is particularly hard to trace)
  • Spoofing (sending an e-mail that appears to be sent from a different source, typically in an attempt to defraud the recipient)

In California, these crimes may be charged under general fraud laws, or under the Comprehensive Computer Data Access and Fraud Act. To learn more, speak with an internet crimes lawyer.

The Comprehensive Computer Data Access and Fraud Act makes it a crime to access a computer or computer network without permission, if the accessor has the intent to defraud, cause harm, or commit a crime. Examples of this crime include hacking into an online retailer to steal customers’ credit card numbers or students hacking into school computers to adjust grades. This is a new and evolving law. If you are charged with a crime under the Comprehensive Computer Data Access and Fraud Act, you will want a highly skilled attorney with technical know-how to defend you, such as the lawyers at My Rights Law.

Cyberbullying: Penal Code 653.2 PC

Cyberbullying occurs when someone harasses, threatens, or bullies another person over the internet or using electronic communication[2]. Cyberbullying may involve computers, cell phones, game consoles, or other electronic devices. California does not have a law specific to cyberbullying, but cyberbullying may be charged under general harassment and stalking laws.

A crime related to cyberbullying is cyberstalking or internet stalking. Cyberstalking involves intimidating or harassing someone using electronic communication, such as the internet, text messages, or phone calls. As with cyberbullying, California does not have a specific law against cyberstalking, but cyberstalking may be charged under general stalking laws.

Identify Theft: Penal Code 530.5

Identity theft in California involves using another person’s “personal identifying information” illegally[3]. Personal identifying information includes a person’s name, address, telephone number, identification numbers of all kinds, driver’s license, bank account numbers, and credit card numbers[4]. Examples of identity theft include using another person’s information to open a credit account, take out a loan, make an insurance claim, or commit a crime.

Computers and the internet have created even more avenues for finding and taking the personal information of another person. In many cases, identity theft will be charged under the general law, even if computers or the internet are involved. However, deleting or misusing personal information found by breaking into a computer system can result in additional charges under the Comprehensive Computer Data Access and Fraud Act a relatively new and very complex law. You do not want to navigate this highly technical area alone. If you are charged under the Comprehensive Computer Data Access and Fraud Act, contact a lawyer right away to ensure you secure the best possible defense.

Sexting: Penal Code 288.2 PC

Sexting is defined as sending sexually explicit photographs, videos, or messages through cell phone. Sexting is not criminal if it is freely consented upon and both the sender and the recipient are adults rather than juveniles (that is, they are both over the age of 18)[5].

Sexting that is not consensual can be deemed cyberbullying or cyberstalking, particularly if the sexting message, photo, or video was transmitted with the goal to irritate, threaten, bully, or harass the receiver. See the preceding section for further information on cyberstalking, which may be punished in California under general stalking laws.

Sexting with minors is illegal[6]. This holds true whether the sexting is between an adult and a minor or between two minors. Children cannot legally consent to sexting, hence consent is not a defense in cases involving minors.

The sender may be charged with distributing child pornography if the subject of a sexting photo or video is a juvenile (regardless of whether or not the receiver is a minor). It makes no difference whether the juvenile who is the subject of the images or films consented to them or generated them themselves—minors cannot lawfully consent to such an act. Receiving these images or films of a youngster may result in charges against the receiver, such as possession of child pornography. Saving these minor’s images or videos to a computer may result in extra charges.

If a minor receives an explicit sexting message, photo, or video, the sender may be prosecuted with sending harmful material to seduce a minor. Once again, the minor’s consent is irrelevant.

These are highly significant infractions. If you are accused of sexting with a minor, contact an experienced attorney right away.

Call My Rights Law’s Lawyers For Cybercrimes Today

The defense attorney you choose can make the difference between having criminal charges dismissed or being severely punished. My Rights Law’s strong team of criminal lawyers have the resources and experience that enable us to pursue difficult cases yielding favorable results. We protect our clients through our expertise in the law and extensive experience in handling all misdemeanor and felony criminal cases including, but not limited to, alcohol-related crimes, drug crimes, violent crimes, domestic violence, sex crimes, crimes against children, theft crimes, juvenile crime, gun charges, property crimes, cybercrimes, traffic violations, public safety crimes, federal crimes, financial crimes, crimes against the government, crimes against justice, and inchoate crimes. We also specialize in restraining orders, pretrial diversion programs, and expungements.

Cybercrimes are crimes that involve computers or the internet. California has few laws specific to cyber crimes, so in many cases, cyber crimes will be charged under more general laws. Even if they are charged under general laws, cyber crimes typically involve highly technical and complex evidence. Having an attorney familiar with this growing area of criminal law is essential to protecting your rights and putting on your best defense.

If you are accused of a cybercrime, you do not have to sort through this difficult situation by yourself. Criminal defense attorneys know the laws and procedures and the best strategies and tactics for defending their clients.

Protect your rights—if you or someone you know has been accused of a cyber crime, contact a highly skilled lawyer immediately. My Rights Law has knowledge and experience defending clients against cyber crimes. To learn more, reach out to My Rights Law by calling (888) 702-8882 or contacting us through our secure form.

[1] California Penal Code 530.5 PC.
[2] California Penal Code 653.2 PC.
[3] California Penal Code 530.5 PC.
[4] People V. Hagedorn (2005) 127 Cal.App.4th 734. Intent is not necessary.
[5] California Penal Code 288.2 PC.
[6] People v. Jensen (2003) 114 Cal.App.4th 224 and People v. Garelick (2008) 161.

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