The government has considerable reach in the investigation of cybercrimes, including the ability to seize your computer’s hard drive and trace your internet search history. Additionally, the definition of wire fraud covers many online transactions and communications.
If you have been arrested or are currently under investigation for an internet-related crime, you should enlist the professional help and guidance of a white collar crimes attorney from Berry Law. A Lincoln internet crimes lawyer will fight to protect your rights and refute these serious allegations.
Improper Use of a Computer
Some computer functions are explicitly banned under state law. For example, hacking is illegal. Hacking can be something as simple as entering a password without permission or as complex as employing algorithms to infiltrate a computer’s security.
Nebraska Revised Statutes §28-1347 makes using another person’s computer or software without their permission a Class V misdemeanor for a first offense. This raises to a Class II misdemeanor for subsequent offenses.
Furthermore, Neb. Rev. Stat. §28-1343.01 makes it illegal for any person to intentionally infiltrate a computer security system without the owner’s authority. If this results in a loss of data, the offense can be charged as a Class II misdemeanor. However, if the action results in a risk of harm to others, the penalty can become a Class I misdemeanor or even a felony.
Illegal use of a computer could also involve improper access to achieve monetary gain. Neb. Rev. Stat. §28-1344 likens this act to theft, and the potential penalties correspond with the value of the items involved in the crime. For example, if the property of the services involved is five thousand dollars or more, it will be charged as a Class III felony. A Lincoln attorney can build a defense against allegations of internet crimes on your behalf.
Federal Internet Crimes
With the widespread use of the internet growing throughout the 1990s, Congress passed several laws that could subject many people to criminal prosecutions in both state and federal courts.
18 United States Code §1030 states that it is illegal for any person to use a computer to commit a fraudulent act. Under this statute, it is also illegal to access a government computer without proper permission, even if the access does not result in any losses.
This statute also penalizes the use of a computer to extort or otherwise blackmail another party. Most offenses under this law carry a maximum jail sentence of one year and a fine. However, attempting these actions for monetary gain increases the maximum prison sentence to five years. A lawyer in Lincoln can help build a strong defense against allegations of federal computer crimes.
Available Defenses in Lincoln
We regularly defend people facing felony charges linked to unauthorized computer access. For example, many Lincoln internet crimes cases involve:
- Credit card fraud
- Identity theft
- Offering stolen merchandise
- Child pornography
- Soliciting sex
- Cyberstalking or harassment in violation of protective orders
- Wire fraud and conspiracy
The internet is not nearly as private and anonymous as many people think. Sending e-mails, visiting websites, posting on Facebook, and downloading anything can leave a trace, even if an item has been deleted.
Our Lincoln attorneys aggressively challenge the electronic trail that supposedly ties a defendant to an internet crime. We also examine Fourth Amendment defenses regarding search and seizure.
Schedule a Consultation with a Lincoln Internet Crimes Attorney Today
Virtually any use of the internet to commit a crime can be considered wire fraud, which is a federal crime. Our Lincoln internet crimes lawyers are experienced in the nuances of federal court. Whether you are facing state or federal charges, we will identify and exploit a weakness in the prosecution’s case in an attempt to dismiss or reduce the charges or obtain a favorable sentencing outcome. Call Berry Law today for a confidential consultation.