Unlawful Use of Computer in PA (Maximums and Defenses)

Unlawful Use of Computer is a bizarre criminal charge in PA. It seemingly criminalizes all sort of conduct. A sort of catch-all statute, we see it most typically used in child sex traveler cases where the Pennsylvania Department of Attorney General poses as an under 14 year old kid and through a series of communications convinces the accused to come and meet. It can carry with it a lifetime of problems…. if you choose the wrong attorney. When it comes to finding the best Pennsylvania Criminal Lawyer or the best Pennsylvania Sex Crimes attorney, we are it. 

 

The Law

You can read the exact text of the law here: 18 Pa. C.S. § 7611 (Unlawful Use of Computer)

Remember that at all times simply being charged and accused of a crime does not mean you are guilty. Instead, the opposite is true. Unless a jury changes things, you are presumed to be innocent. The government and the government alone has the very heavy burden of proof. You don’t have to prove your innocence. We, like the law, presume you to be innocent.

What scenarios is Unlawful Use of Computer most typically charged?

Now, this charge is usually seen in the following typical scenarios:

1. Employee alleged computer sabotage, where a jilted employee looks to harm their former employer,
2. Internet hacking. On rare occasion, the state authorities will catch and prosecute ransomeware or other type of virus or malicious code user. However, most of the time this is forwarded to federal authorities.
3. Child sex sting cases. Every single end user agreement for access to the internet and or terms of use for basically anything computer or cell phone related only grants access to the www or social media for lawful purposes. In the case where the government sets up an undercover sting by posing as a child typically under the age of 14 and sex is discussed or a meet up for sex is contemplated, if they can prove it and the elements of the offense, that type of conduct exceeds your authorization to access the social media platform and or the World Wide Web.

In the case of “hacking”, the government will typically charge this offense together with other similar computer crimes such as:

• § 7612. Disruption of service.
• § 7613. Computer theft.
• § 7614. Unlawful duplication.
• § 7615. Computer trespass.
• § 7616. Distribution of computer virus

What the government must prove

Alternative 1

In order for you to be found guilty, the government must prove beyond a reasonable doubt the following:

1. the accused,
2. accessed or exceeded authorization to access,
3. altered, damaged or destroyed
4. any computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device or any part thereof
5. with the intent to interrupt the normal functioning of a person or
6. to devise or execute any scheme or artifice to defraud or deceive or control property or services by means of false or fraudulent pretenses, representations or promises

Alternative 2

Another form of this crime requires that the government prove the following beyond a reasonable doubt:

1. the accused
2. intentionally and without authorization
3. accessed or exceeded authorization to access,
4. altered, interfered with the operation of, damages or destroys
5. any computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device or any part thereof; or

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Alternative 3

The final form of the crime requires that the government prove the following beyond a reasonable doubt:

1. the accused
2. intentionally or knowingly and without authorization
3. gives or publishes a password, identifying code, personal identification number or other confidential information about
4. a computer, computer system, computer network, computer database, World Wide Web site or telecommunication device.

Max Punishment

If you are convicted of this charge or plead guilty, it is a felony of the third degree. All felonies of the third degree in PA carry with them a total authorized maximum sentence not to exceed 7 years in prison. The maximum fine is not to exceed $15,000.

Megan’s Law and Sexually Violent Predator Considerations

This charge does not trigger Megan’s Law reporting requirements or registration. It also does not trigger Sexually Violent Predator considerations.

More to consider

You also have to consider your future beyond these charges. Here are Felony Conviction Consequences in Pennsylvania that you need to be aware of. Most attorneys don’t know and/or bother to tell folks that a conviction is like a diamond. It lasts forever. And that the law of unintended consequences comes into play with these lifetime consequences for being a convicted felon.