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Colorado Springs Cybercrime Defense Attorney

Are you being investigated, or have you been charged with a cybercrime? In our increasingly digitized world, cybercrimes such as computer fraud, identity theft, hacking and phishing have become prevalent.

If you are facing allegations of computer crimes in the Colorado Springs or Denver area, our criminal defense attorneys at Black, Blink, & Associates LLC can guide you through the criminal court process and work to protect your rights and reputation.

Understanding Cybercrimes

“Cybercrime” or “Cyber Crimes” refers to various unlawful activities carried out through computers, smartphones and the internet. In simple terms, it involves using digital devices for criminal purposes. Our experienced criminal defense lawyers can defend you against crimes related to:

Unauthorized access: When someone gains entry to a computer, computer system or network without permission.
Altering or disrupting: Unauthorized modification, interruption, or damage to a computer, system or network.
Fraud and theft: Cases involving using a computer or smartphone for fraudulent or theft-related activities.
Malicious transmission: Sending online programs, code, data, or commands to cause harm or damage.
Ticket rules circumvention: Bypassing event ticket acquisition regulations.

In addition to these, we also provide criminal defense services for criminal charges for sex crimes that extend from cybercrimes such as solicitation of minors, child pornography. Likewise, intellectual property theft, digital copyright infringement and “phishing” attempts aimed at obtaining confidential financial information are property crimes that can involve digital means.

Are Cybercrimes A Federal Offense?

Cybercrimes, internet crimes and computer crimes can often transcend state boundaries, bringing them under the purview of federal jurisdiction. This means that offenses such as cyberstalking, hacking or identity theft may not only lead to state-level prosecution but can also result in federal charges. Convictions in federal cybercrime cases can entail more severe consequences, including federal prison time, substantial fines and mandatory restitution payments to victims.

Federal agencies like the FBI (Federal Bureau of Investigation), IRS (Internal Revenue Service) and ICE (U.S. Immigration and Customs Enforcement) play pivotal roles in investigating these cybercrimes. If any of these federal entities initiate an investigation involving you, it is imperative to seek the counsel of an experienced cybercrime defense attorney. Cases can enter the federal court’s jurisdiction if a national law enforcement agency oversees the investigation, or the offense has federal implications.

Colorado’s Computer Crime Statutory Laws

Article 5.5 of Title 18 of the Colorado Revised Statutes is dedicated to computer crimes. This addition to the law reflects the recognition that many crimes, traditionally committed through conventional means, now involve computers and digital systems.

Key provisions of Colorado’s computer crime laws include:

Unauthorized access: It is a Class 2 misdemeanor to knowingly access a computer, computer network, or computer system without authorization or in excess of authorized access. Subsequent convictions elevate this offense to a Class 6 felony.
Fraudulent activities: Using a computer intending to devise or execute a scheme to defraud or access a computer by false or fraudulent pretenses is criminalized.
Theft: Accessing any computer, computer network or computer system to commit theft is a criminal offense.
Altering or damaging: It is a crime to alter, damage, interrupt, or impair the proper functioning of any computer-related entity without authorization or in excess of authorized access.
Malicious transmission: Transmitting computer programs, software, information, code, data, or commands intending to cause damage or interruption is also prohibited.

The severity of penalties varies based on the value of loss, damage, or the cost of restoration or repair caused by these crimes, ranging from Class 2 misdemeanors to Class 3 felonies.

What Does Colorado Consider As Revenge Porn?

Also known as non-consensual pornography, revenge porn is the distribution or sharing of sexually explicit images or videos of an individual without their consent as a form of retaliation after a breakup or relationship dispute.

These intimate materials are shared online, on social media platforms or through other means of digital distribution with the intent to harm, embarrass or blackmail the victim. Sharing of intimate content qualifies as revenge porn, regardless of intent.

Common examples of revenge porn include:

Posting intimate photos or videos on social media, sending them to the victim’s family or friends or uploading them to adult websites without the victim’s permission.
A person creating fake social media profiles or websites to publicly display the images, further spreading the content and causing emotional and reputational harm to the victim.
Threats to share the images unless the victim complies with given demands, adding an element of blackmail to the situation.

In Colorado, revenge porn is treated as a serious criminal offense under Colorado Revised Statutes § 18-7-107, also known as the “posting a private image for harassment” law. This law makes it illegal to distribute intimate images without consent if the person depicted had a reasonable expectation of privacy and did not consent to the distribution.

Revenge porn is charged as a class 1 misdemeanor. However, repeat offenses or aggravating factors such as sharing the content with the intent to extort can result in harsher charges. A class 1 misdemeanor can lead to penalties of up to 18 months in jail and fines of up to $10,000.

For victims, the emotional, social and psychological effects of revenge porn can be devastating, often resulting in anxiety, depression and damage to personal and professional relationships. Victims of revenge porn may file civil lawsuits against the perpetrator for damages.

If you are a victim or accused of revenge porn in Colorado, working with a cybercrime attorney is crucial. They can help file criminal charges, secure protective orders, pursue civil action and manage online content.

If accused of the crime, our lawyers can evaluate the presented evidence, develop a defense strategy tailored to your situation and protect your rights throughout the case.

HB18-1200: Cybercrime Changes

In 2018, Colorado enacted House Bill 18-1200, introducing significant changes in the realm of cybercrime. Notably:

The term “computer crime” was updated to “cybercrime” to reflect the evolving nature of digital offenses.
The bill criminalized using a computer to solicit, arrange or offer arrangements for a minor to engage in prostitution.
It made stealing information from a credit card magnetic strip or tampering with credit card data a cybercrime, particularly when done with the intent to defraud.
The legislation eliminated the Class 1 petty offense for cybercrime.

The changes brought about by HB18-1200 represent Colorado’s commitment to addressing cybercrimes in a rapidly changing technological landscape.

Colorado’s legal framework regarding internet and computer-related crimes is comprehensive and designed to address the evolving landscape of cybercrimes. If you find yourself under investigation or facing criminal charges for a cybercrime offense, it is imperative to seek counsel from a seasoned Colorado Springs cybercrime attorney.

Contact A Colorado Springs Cybercrime Defense Attorney

At Black, Blink, & Associates LLC, we understand the intricacies of the digital realm. As your cybercrime attorney, we stand by your side, committed to proving your innocence and providing empathetic support. Call our office today at 719-328-1616 or send us a message through our website. We look forward to telling you more about how we can help defend you in your case.