Many cybercrime charges are felonies in Pennsylvania. Take them just as seriously as other felony charges and waste no time after an arrest to find an attorney you trust who can explain the charges to you and prepare you for what comes next.
Common cybercrimes in Pennsylvania include unlawful use of a computer, disruption of service, unlawful distribution of a virus, and cyberstalking and harassment. If you are charged with a third-degree felony for a cybercrime, you could face up to 7 years in prison if convicted. Defend yourself against cybercrime charges by arguing lack of intent, illegal search and seizure, or another, more applicable defense our lawyers can identify.
Call Kenny, Burns & McGill at (215) 423-5500 for your free case assessment from our Philadelphia criminal defense lawyers.
What Are the Different Cybercrime Charges in Pennsylvania?
In general, cybercrime refers to any criminal activity carried out using computers, networks, or other devices to disrupt services, access confidential information, or get financial gains. Many offenses fall under the umbrella of cybercrimes in Pennsylvania, from accessing networks without authorization to harassing an alleged victim through electronic means.
Unlawful Use of a Computer
Unlawful use of a computer includes access, altering, or destroying any computer, system, or software without authorization. This is the offense for computer hacking. Unlawful use of a computer includes other conduct, such as intentionally publishing passwords or other confidential information about a computer or computer system without authorization.
Unlawful use of a computer is a third-degree felony in Pennsylvania, punishable by up to 7 years in prison and a fine of up to $15,000.
Disruption of Service
Intentionally disrupting computer services through denial-of-service attacks, which attempt to prevent legitimate use of a computer system, is another common cybercrime in Pennsylvania. It is also a third-degree felony, punishable by up to 7 years’ imprisonment.
Computer Theft
Unlawfully accessing any data from a computer, computer system, or network is considered computer theft in Pennsylvania. Copying documents that you do not have the authorization to access is also a type of computer theft. Computer theft is also a third-degree felony.
Unlawful Duplication
Making unauthorized copies of computer data, software, or programs is considered unlawful duplication in Pennsylvania. Like most other cybercrimes, it’s a third-degree felony.
If the value of duplicated material exceeds $2,5000, the charge is enhanced to a second-degree felony. Second-degree felonies carry harsher penalties than third-degree felonies; up to 10 years in prison and up to $25,000 in fines.
Computer Trespass
Using a computer network without authority to temporarily or permanently remove data, cause a computer to malfunction, alter or erase data, create or alter financial instruments, or cause property damage is considered computer trespass in Pennsylvania and is also a third-degree felony.
Distribution of Computer Virus
Intentionally or knowingly distributing a computer virus, or possessing it with the intent to distribute it, can also lead to a third-degree felony charge, provided the virus is capable of destroying or degrading the normal operation of a computer system.
Cyberstalking
Individuals can be charged with first-degree misdemeanors for stalking if they repeatedly communicate to another person their intent to cause them emotional distress or physical harm. Oral, written, nonverbal, and electronic communications can lead to stalking arrests in Pennsylvania.
Cyber Harassment
Electronically communicating repeatedly and anonymously, at inconvenient hours, or while using lewd or threatening language or drawings can result in a third-degree misdemeanor charge for harassment.
Cyber Harassment of a Child
Publicly posting a disparaging statement about a child’s physical features, sexuality, sexual activity, mental health, or physical health online is considered cyber harassment of a child in Pennsylvania. As is threatening to inflict harm against a child through any electronic means
Cyber harassment of a child is a misdemeanor of the third degree.
What Happens if You Are Arrested and Charged with a Cybercrime in Pennsylvania?
Our lawyers can be there soon after you are arrested or charged with a cybercrime in Pennsylvania to walk you through the next steps and start building your defense.
Custodial Interrogation
After you are arrested for any cybercrime in Pennsylvania, you may be subject to a custodial interrogation. The police are hoping you will say something incriminating to help their investigation. Don’t agree to a custodial interrogation. Instead, when officers recite your Miranda rights, tell them you want to invoke your right to an attorney and your right to remain silent immediately.
Never waive your right to remain silent or your right to an attorney, and never agree to a custodial interrogation without an attorney present.
Preliminary Arraignment
Your first court appearance after being charged with a cybercrime in Pennsylvania is the preliminary arraignment. This takes place soon after an arrest if charges are filed. At the preliminary arraignment, the judge will read the charges, and you will enter your plea of “not guilty.” The judge then sets bail. For non-violent, low-level felony offenses, such as most cybercrimes, you may be released on your own recognizance (ROR) without bail, especially if it is your first offense.
Getting ROR is not guaranteed, and we can advocate for a fair amount if the judge sets bail. We can also explain the process for posting it so you can be released during the trial.
Building Your Case
Help us build an accurate, convincing case by telling us everything you know about the cybercrime charges in question. Illegal searches and seizures of computers or other devices may yield inadmissible evidence that the prosecution can’t use against you. Intent is a key element in proving most cybercrimes, so tell us whether you lacked intent or had authorization to access a computer or computer system.
Trying Your Case or Taking a Plea
Not all cybercrime cases go to trial. Through conversations with the prosecution, we may be able to negotiate a plea deal that limits your prison time and other consequences. Prosecutors may have strong cases based on digital evidence, and our Montgomery County, PA criminal defense lawyers can advise you on how to proceed based on the evidence we learn of during discovery.
What is the Difference Between Federal and State Cybercrimes?
Being charged with a federal cybercrime is very different from being charged with a state cybercrime in Pennsylvania, so you should understand the differences to appreciate the gravity of your specific situation.
Federal cybercrimes involve fraud and related activities involving computers. Knowingly accessing a computer without authorization that could be damaging to the United States or to the advantage of a foreign nation is a federal offense. Federal cases are much more serious than state charges, often leading to longer prison sentences in federal correctional facilities that are unlikely to be near friends and family in Pennsylvania.
Cybercrimes are charged at the federal level when they involve national security, cross state or national borders, target government systems, or involve large-scale fraud.
How Can You Defend Cybercrimes in Pennsylvania?
Let us find the right defense to the cybercrime charges you’re facing by telling us every detail you can about the case and your involvement.
Lack of Intent
Arguing that you lacked any intent to access a computer system without authorization or disrupt it in any way, or that any changes were accidental and possibly a flaw of the system itself, may be the right defense to cybercrime charges and help you avoid years in prison.
Illegal Search and Seizure
Our Pennsylvania criminal defense lawyers can challenge the admissibility of illegally obtained computers and other electronic devices and get them excluded, regardless of what they contain. The police may only take your property if they have your permission, which you should never give them, or a proper warrant from a judge. If there was no warrant, or the computer exceeded the scope of the warrant, we can use that to your advantage and challenge the evidence. Without computer evidence, the prosecution may not have enough to prove the charges and may have to drop the case.
Authorized Access
Arguing that the defendant actually did have authorization to access the computer system or electronic data in question, such as the appropriate credentials or written permission via email or other correspondence.
Third-Party Access
Just because a cybercrime is traced back to a computer you own or have access to does not irrefutably prove that you committed the offense. Tell us if anyone else in your family or home has access to the same computer or other electronic device you use so that we can raise a reasonable doubt about your guilt and get a not-guilty verdict in your case.
Even if this person is someone close to you, tell our lawyers if someone else had access and could have committed the offense.
Entrapment
Entrapment may be the right defense if law enforcement induced you to commit a cybercrime or other offense that you would not have if it weren’t for government inducement. Lacking the predisposition to commit a crime is key in proving entrapment, which is why this defense may be more effective for first-time offenders.
FAQs About Cybercrimes in Pennsylvania
What is the Longest Prison Sentence for a Cybercrime Conviction in Pennsylvania?
The longest sentence for most state cybercrimes in Pennsylvania is 7 years, 10 years for second-degree felony convictions for unlawful duplication. Sentences for felony charges may be quite longer.
What is the Most Expensive Fine for a Cybercrime Conviction in Pennsylvania?
Fines for cybercrime convictions generally range between $15,000 and $25,000. Fines for misdemeanor cybercrime offenses are lower.
What if This is Your Second or Subsequent Cybercrime Offense?
In general, cybercrimes are charged the same in Pennsylvania, whether it is a first or subsequent offense, except for unlawful duplication, which is charged as a second-degree felony on the second offense.
If you are charged again at the federal level, you will most likely face enhanced sentencing.
When is Identity Theft a Cybercrime?
Identity theft is considered a cybercrime when personal information of an alleged victim is obtained via computer and used to commit fraud.
When is Harassment a Cybercrime?
Harassment is a cybercrime when it occurs through electronic means, whether over text message or social media.
Is a Phishing Scam a Cybercrime in Pennsylvania?
Phishing scams, which involve impersonating legitimate businesses or entities under the false sense of urgency, to procure personal and sensitive information when victims click on links in emails or download attachments. Phishing falls under the umbrella of unlawful use of a computer, a third-degree felony in Pennsylvania.
When Should You Accept a Plea for a Cybercrime in Pennsylvania?
Whether or not you consider accepting a plea deal largely depends on the prosecution’s case. If the prosecution has compelling evidence and a conviction is likely, we may be able to negotiate a favorable settlement that reduces your prison time and other consequences. Never accept a plea deal until you know exactly what it means for your case and your future.
Get Our Help if You Are Facing Cybercrime Charges in Pennsylvania
Call (215) 423-5500 to discuss your case for free with Kenny, Burns & McGill’s Northampton, PA criminal defense lawyers.
