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Computer Crime 18-5.5-102

Computer Crime 18-5.5-102 – If you have been charged with a Colorado Theft Based Crime you will need to know at least three things about that charge to make intelligent decisions about how to proceed .

First, what are “the basic elements” of the crime filed against you? What is required to prove this crimes or these crimes in a Colorado Court of Criminal Law beyond a reasonable doubt?

These elements are laid out logically in the Colorado Criminal Jury Instruction for this crime:

The elements of the crime of computer crime18-5.5-102 are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. [accessed any computer, computer network or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud, and]

-or- [accessed any computer, computer network or computer system, or any part thereof, to obtain by means of false or fraudulent pretenses, representations, promises: [money] [property] [services] [other thing of value] [passwords or similar information through which a computer, computer network or computer system or any part thereof may be accessed], and,]

-or- [accessed any computer, computer network or computer system or any part thereof to commit theft, and] -or- [without authorization or in excess of authorized access, altered, damaged, interrupted or caused the interruption or impairment of the proper functioning of or caused any damage to any [computer] [computer network] [computer system] [computer software, program, application, documentation or data contained in such computer, computer network or computer system or any part thereof], and]

-or[ caused the transmission of a computer program, software, information, code, data or command by means of a computer, computer network or computer system or any part thereof [with the intent to cause damage to or cause the interruption or impairment of the proper functioning of] [that actually caused damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system or part thereof,] and]

 4. the [loss] [damage] [value of services or thing of value taken] [cost of restoration or repair] was [less than $500] [$500 or more but less than $1,000] [$1,000 or more but less than $20,000] [$20,000 or more]. -orthe [loss] [damage] [value of services or thing of value taken] [cost of restoration or repair] was [less than $100] [$100 or more but less than $500] [$500 or more but less than $15,000] [$15000 or more].

5. [without the affirmative defense in instruction number _____.]

Computer Crime 18-5.5-102

Computer Crime 18-5.5-102

Second, you need to know what “level” the crime is.  Is it a felony or a misdemeanor?  Or is it a petty offense – or a Municipal Code (City) violation? This tells you the possible penalties or punishment for this crime under he law.
 
This crime is VERY Complex with penalties tied to the section of the statute (below) – Here are the basic possible penalties:

Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is less than five hundred dollars, computer crime is a class 2 misdemeanor;

If five hundred dollars or more but less than one thousand dollars, computer crime is a class 1 misdemeanor;

If one thousand dollars or more but less than twenty thousand dollars, computer crime is a class 4 felony;

If twenty thousand dollars or more, computer crime is a class 3 felony.

(b) Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that,

if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony.

(c) (I) Computer crime committed in violation of paragraph (g) of subsection (1) of this section is a class 1 misdemeanor.

LINK To the Charts For Colorado Felony Penalties

LINK to Colorado Misdemeanor and Petty Offenses

Third, you need access to be able to read the entire law – the statute itself to study exactly how it is drafted. This enables you to determine how the law applies – if it applies at all – to your case.  After more than 30 years practicing Colorado criminal law – I have learned to always go back to the exact law as written – never accept another’s summary or interpretation of a criminal charged filed against you…

Here is an EXACT REPRINT of the law in question with commentary where needed [HMS …..]:

Computer Crime 18-5.5-102

(1) A person commits computer crime if the person knowingly:

(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or

(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or

(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or

(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or

(e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or

(f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or

(g) 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, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an on-line event ticket sale as defined in section 6-1-720, C.R.S.

….

(3) (a) Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is less than five hundred dollars, computer crime is a class 2 misdemeanor; if five hundred dollars or more but less than one thousand dollars, computer crime is a class 1 misdemeanor; if one thousand dollars or more but less than twenty thousand dollars, computer crime is a class 4 felony; if twenty thousand dollars or more, computer crime is a class 3 felony.

(b) Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that, if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony.

(c) (I) Computer crime committed in violation of paragraph (g) of subsection (1) of this section is a class 1 misdemeanor.

(II) If computer crime is committed to obtain event tickets, each ticket purchased shall constitute a separate offense.

(III) Paragraph (g) of subsection (1) of this section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.

(d) Consistent with section 18-1-202, a prosecution for a violation of paragraph (g) of subsection (1) of this section may be tried in the county where the event has been, or will be, held. 

Please Contact Us If You Have Any Questions About…Computer Crime 18-5.5-102

Reading the law – especially Colorado Criminal Law – may lead to even more questions about the meaning of certain terms and how they relate to your specific case. I you would like to speak with H. Michael Steinberg about your legal criminal defense needs, please call him in Denver,  Colorado at his business number 303-627-7777 or his cell 720-220-2277 or email us at …….hmichaelsteinberg@hmichaelsteinberg.com

Written by H. Michael Steinberg

ABOUT THE AUTHOR – H. Michael Steinberg

If you are charged with Computer Crime 18-5.5-102, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience –  specializing only in Colorado Criminal Law along the Front Range of Colorado . He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases. Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defenses for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving ..Computer Crime 18-5.5-102.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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