In criminal court cases, there is a lot of confidential information that can only be shared through certain channels. For example, a Boulder County District Attorney shares information with a defense attorney and then the defense attorney can share that information with clients. However, Larimer County Jail employees are not qualified to share confidential information. That is why one jail employee is facing criminal charges for committing a Computer Crime. According to the news report, it is alleged that the jail employee (a non-certified deputy) accessed the Colorado courts database to find information about a victim and provide that to the accused in the case. Upon investigation, it was discovered that the inmate was in the room when the guard accessed the information. The guard has since resigned and has been issued a criminal summons for Committing Computer Crimes.
Larimer County Computer Crimes Attorney: What is the Definition of Computer Crime in Colorado?
The Colorado law definition of Computer Crime – C.R.S. 18-5.5-102 – is:
(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 online event ticket sale as defined in section 6-1-720, C.R.S.
Based on all the different subsections above, it seems that part (a) most likely applies to the guard’s situations. She accessed information without authorization or accessed more than what was authorized under her job description. Sharing that victim information with a defendant in a criminal case greatly aggravates the violation.
What is the Punishment / Sentence for a Computer Crimes in Fort Collins?
Computer Crime can be charged as a petty offense all the way up to a class 2 felony depending on the situation. For a violation of part (a), like the guard, it would be charged as a class 2 misdemeanor. A violation of part (g) is a class 1 misdemeanor. The other parts are charged based on the loss, damage, value of service, thing of value taken, or cost of restoration or repair and are charged as follows:
- Class 1 petty offense if the loss is less than fifty dollars
- Class 3 misdemeanor if the loss is $50 – $299
- Class 2 misdemeanor if the loss is $300 – $749
- Class 1 misdemeanor if the loss is $750 – $1,999
- Class 6 felony if the loss is $2,000 – $4,999
- Class 5 felony if the loss is $5,000 – $19,999
- Class 4 felony if the loss is $20,000 – $99,999
- Class 3 felony if the loss is $100,000 – $999,999
- Class 2 felony if the loss is $1,000,000 or more
For the guard above, the class 2 misdemeanor is punishable by 3 to 12 months in the Larimer County Jail and up to $1,000 in fines.
If you or someone you love has been charged with Committing Computer Crimes, be smart, exercise your right to remain silent, and contact the best Computer Crime criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.