What is Computer Crime or Cybercrime under Colorado Law?

In its very basic sense, Computer Crime or Cybercrime is a criminal act committed by use of a computer, typically done through the internet. Cybercrime is charged in addition to other offenses committed by the accused. 

The attorneys with Black, Blink, & Associates LLC have represented numerous clients charged with crimes involving computers.  Black, Blink, and Associates can be reached at 719-694-0578.

Some examples of Computer Crime or Cybercrime under Colorado Statute 18-5.5-102 are: 

• Accessing a computer, a computer network, computer system, or even someone else’s Wi-Fi without their permission.  This falls under the crime of unauthorized computer access. This can include using the above more than the permission granted; 

• Accessing a computer, a computer network, computer system with the intent to defraud; 

• Accessing a computer, a computer network, computer system for the purpose of committing false or fraudulent acts, representations, promises to obtain: money, property, services, passwords or similar information through which a computer, or anything of value; 

• Accessing a computer, a computer network, computer system to commit theft; 

• Without authorization or more than permitted, a person changes, alters, damages, interrupts, damages, or causes the interruption to any computer, computer network, computer system, computer software, program, application, documentation, or data, including transmitting anything that causes harm like a virus or phishing scheme; 

• Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system that is intended to circumvent or disable electronic lines, queues, waiting periods. This is commonly seen in ticket selling events for concerts, sporting events and other organized events.   Our state also includes specific statutes for Cyberbullying, Internet Luring, and Internet Sexual Exploitation. 

• Using a computer, computer system, or computer network to select or arrange for a minor to engage in prostitution or other sexual acts; 

• Utilizing a scanning device to scan credit card information that would obtain, memorize, or store information encoded on the payment credit card without the permission of the person who the card is issued to, with the intent to commit theft; 

• Placing an encoding machine on a different payment card without the permission of the card holder with information being obtained with the intent to defraud the card holder or the merchant. 

In addition to being charged with Cybercrime under Colorado Revised Statute 18-5.5-102 Cybercrime, a person can also be charged with additional offenses like theft, identity theft, stalking, harassment (cyber bullying), forgery, criminal impersonation, internet luring, sexual exploitation of a child, and other criminal acts in Colorado. 

Defenses to Cybercrime or Computer Crime: 

• Authorization: Showing that the person charged had permission.  Permission may be actual or explicit, or it could also be implied or implicit permission to use the computer, computer system or computer network  

• Intent or Lack of Intent: Showing that the accused’s actions were not on purpose, accidental or that the defendant did not possess the specific mental state required to commit the offense. 

• That someone other than the accused committed the act: If someone else used the accused’s computer, computer system, or their identity was used by someone else, often when their computer or devices are used by someone else or stolen, or their computer was hacked by a third party or through malware or remote access. 

• Lack of Evidence or General Denial: The duty of proving that the defendant committed the alleged crimes rests on the prosecutor.  The prosecutor, or District Attorney must be able to prove guilt beyond a reasonable doubt. 

• Statute of Limitations: If the government (police or prosecutor) waited to long to file charges.  Generally speaking, the Statute of Limitations in Colorado is 3 years for felonies and 18 months for misdemeanors.  However, under Federal law, the Statute of Limitations can be 5 years.  The Statute of Limitations starts running when the computer crime is committed. 

• Unlawful Search and Seizure: If law enforcement obtained evidence in violation of a person’s constitutional right against unlawful search and seizure, a suppression motion can be filed to fight a search warrant. 

• Entrapment: When law enforcement pushed, coerced, or induced a person to commit a crime that they would not have otherwise committed, it is called entrapment. 

Being charged with a computer or cyber crime in Colorado falls under Article 5.5, Title 18 of the Colorado Revised Statutes (C.R.S. § 18-5.5-102). Penalties range from petty offenses to Class 2 felonies, depending on the financial loss or damage caused, and cases often involve complex digital forensics. 

The most common questions and answers regarding these charges include: 

The Basics of Colorado Cybercrime

1. What exactly counts as a computer or cybercrime in Colorado?
   It involves knowingly accessing a computer, network, or system without authorization or receiving authorization but exceeding what was permitted and doing so to commit theft, defraud, alter data, or transmit malicious software like malware or phishing. 
2. What does “exceeding authorized access” mean?
   Someone giving you permission to use their computer, computer network, or computer system todo something or look at something but then going beyond what they initially allowed. 
3. Do I actually have to steal money or cause damage to be charged?
   No. Simply accessing a protected computer, network, or system without authorization is a crime, even if no damage occurs or no data is stolen. When theft or damage occur, there are generally additional charges for those allegations. 
4. What are some common examples of cybercrimes in Colorado?
   Common examples include hacking into someone’s computer notebook, or even smartphone, identity theft, phishing schemes, unauthorized downloading of files, creating bots to buy event tickets – which Colorado is cracking down on. 
5. Are there specific cybercrimes regarding online tickets?
   Yes. Colorado is cracking down on this activity.  Creating a bot or AI agent to circumvent online ticket purchasing limits is an explicit computer crime under Colorado law. 

Charges and Penalties 

6. How do prosecutors determine the penalties for a computer crime?
   Penalties are primarily based on the financial value of the loss, damage, or things of value taken. 
7. What are the penalties for a first-time unauthorized access charge?
   Merely using a computer, computer system, or computer network without authorization, where no significant damage or specific fraud is committed, it is usually a Class 2 misdemeanor, carrying up to 364 days in jail. 
8. What happens if this is not my first unauthorized access offense?
   Because Colorado is cracking down on cybercrime or computer crime, being charged after a prior conviction for these charges is increased to a Class 6 felony.  

9.What can the charge be if there is damage or loss (theft)? 

• Petty Offense: Under $300.   

• Class 2 Misdemeanor: $300 to under $1,000. 

• Class 1 Misdemeanor: $1,000 to under $2,000. 

• Class 6 Felony: $2,000\) to under $5,000. 

• Class 5 Felony: $5,000 to under $20,000. 

• Class 4 Felony: $20,000 to under $100,000. 

• Class 3 Felony: $100,000 to under $1,000,000. 

• Class 2 Felony: $1,000,000\) or more, which can carry up to 24 years in prison. 

10. Do prosecutors consider the cost of restoration in the criminal charge?
    Yes. In a criminal case prosecutors will look at all the expenses that the alleged victim has suffered to include restoring any damage to a computer or computer system.   
11. Can a cybercrime be prosecuted as a federal offense?
    Yes. The federal statutes have Computer Fraud and Abuse Act. Also, a person can be charged under both state and federal laws, which is not considered double jeopardy. 
12. What are the collateral consequences of a cybercrime conviction?
    In addition to jail or prison time and fines, a conviction can affect a person’s professional licenses, it can have negative consequences on child custody and create immigration issues.  Also, a conviction will be on a person’s record which can affect employment and housing. 

Legal Defenses

13. What are the best defenses against Colorado cybercrime charges?
    A seasoned criminal defense attorney like Black, Blink, and Associates looks for defenses in the case.  These can include showing that the person had permission, that there was no intent to commit the crime, challenging the evidence or suppressing evidence obtained in violation with a person’s 4th amendment right against unreasonable search and seizure.   
14. What does it mean to have Intent to Commit a Crime?
    To have intent, a person must have knowingly and willfully committed the crime. If it was mistake, a misunderstanding of authorization, or an accidental transmission, there is an argument that the defendant did not have the required intent. 
15. Can I use a general denial defense?
    Yes. In many criminal cases a general denial is a defense.  This could be that the prosecutor is not able to meet the elements of the charge or that it could have been someone else that used a computer to commit the alleged offense.   
16. How can digital forensic evidence be challenged?
    An experienced attorney can view the evidence and ensure that there was a proper chain of evidence, and look for how law enforcement handled the evidence. 
17. What happens if law enforcement searched my computer without a warrant?
    Generally speaking, law enforcement would need a warrant to collect evidence including computers, cell phones, notebooks,etc.  If law enforcement obtained evidence in violation of a person’s 4th amendment right against unreasonable search and seizure, an experienced criminal defense attorney may be able to suppress the evidence, i.e., keep it out of court and not considered by a jury or judge. 
18. What if someone else used my device or account to commit the crime?
    This is a valid defense. The prosecution has to be able to prove beyond a reasonable doubt that the person charged of a computer crime or cybercrime was the person responsible for doing it.  This defense occurs when a computer can be used by a roommate, in an office situation or other location where others have access to the computer. 
19. Can I plead to a lesser offense?
    Negotiating criminal cases is common practice in the Colorado criminal justice system.  An experienced attorney should be pointing out weaknesses in the prosecution’s case, lack of criminal record, and any mitigating circumstances to the prosecutor in plea negotiations. 

Investigation and Procedure

20. What should I do if I am under investigation for a cybercrime?
    If you are under investigation for a cybercrime or computer crime you should immediately contact an attorney.  The attorneys at Black, Blink, and Associates are available to discuss the case.   If contacted by law enforcement, including a detective or investigator, exercise your right to remain silent (providing only personal information like name, address, date of birth) and politely decline to talk.  Also, request to have an attorney present immediately.   Do not provide law enforcement with any computers or devices unless they have a search warrant for that item, but, if they are taking it do not physically resist, and continue to remain silent and request an attorney.  
21. Can law enforcement seize my computer or phone?
    In most cases, law enforcement will need a search warrant. However, there can be exceptions to the requirement of a warrant like exigent circumstances.  Never voluntarily hand over your computer or device, but never physically resist law enforcement.  A seasoned criminal defense attorney can fight an unlawful search in seizure in court. 
22. How long do cybercrime investigations usually take?
    Analyzing digital evidence or conducting a digital forensic investigation can take significant time.  Often these cases involve lots of digital information and footprints.  Taking many months or even years for serious cases can occur. 
23. Does deleting files protect me from prosecution?
    Law enforcement is often able to retrieve data through Digital forensic investigations.   Law enforcement and other governmental agencies have devices that are able to pull up the data. 
24. Will I have to register as a sex offender?
    Being convicted of a sexual offense with out without the presence of a cybercrime will result in a person being required to register as a sex offender. 
25. How can I find legal help in Colorado?
    Black, Blink, And Associates are experienced in cybercrime.  If charged with a cybercrime we offer free consultations.  In addition, we are able to represent a person that is under investigation.  You can reach Black, Blink, & Associates LLC at 719-694-0578 or clicking on our name.