In Pennsylvania, the crime of Unlawful Use of Computer occurs when a person accesses, alters, damages, or destroys a computer, computer system, or computer network without authorization. This offense is taken very seriously in Pennsylvania, and can result in significant penalties, including fines and imprisonment. In this blog post, we will explore what the crime of Unlawful Use of Computer is in Pennsylvania, and provide examples of defenses that can be used to fight this charge.
Under Pennsylvania law, a person commits the crime of Unlawful Use of Computer when they knowingly and without authorization access, alter, damage, or destroy any computer, computer system, or computer network, or any program or data contained therein. This can include actions such as hacking into a computer system, stealing or destroying data, or installing malware or viruses on a computer system.
Defenses to Unlawful Use of Computer charges can include:
- Lack of Intent – In order to be convicted of Unlawful Use of Computer, a person must have knowingly and intentionally accessed or altered the computer system without authorization. If the person did not have the intent to access or alter the system without authorization, this can be a defense to the charge.
- Authorization – If the person had authorization to access or alter the computer system, they cannot be charged with Unlawful Use of Computer. For example, if an employee of a company is authorized to access the company’s computer system, they cannot be charged with Unlawful Use of Computer if they access the system within the scope of their employment.
- Mistaken Belief – If the person reasonably believed that they were authorized to access or alter the computer system, this can be a defense to the charge. For example, if a person believes that they have permission to access a computer system, but that permission was not properly communicated, they may be able to use this defense.
- Lack of Evidence – In order to be convicted of Unlawful Use of Computer, the prosecution must prove that the person accessed or altered the computer system without authorization. If there is a lack of evidence to support this claim, this can be a defense to the charge.
In conclusion, Unlawful Use of Computer is a serious offense in Pennsylvania that can result in significant penalties. However, there are several defenses that can be used to fight this charge, including lack of intent, authorization, mistaken belief, and lack of evidence. If you are facing charges related to Unlawful Use of Computer in Pennsylvania, it is important to work with an experienced criminal defense attorney who can help you understand your rights and build a strong defense.
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