How Hacking is Charged as a Crime in Sacramento
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How Hacking is Charged as a Crime in Sacramento
Hacking crimes are taken pretty seriously these days in Sacramento. With more and more of our lives happening online, hacking into someone’s computer or network can cause some serious damage. In this article, I want to break down how hacking is charged as a crime under California law, and what kind of penalties hackers can face if convicted.
What Counts as Hacking Under California Law
There’s a few different laws that can come into play when we’re talking about hacking crimes in California. The main ones are:
- Unauthorized Access to Computers, Computer Systems and Computer Data (Penal Code 502)
- Identity Theft (Penal Code 530.5)
- Computer Crimes (Penal Code 502)
Let’s break these down one-by-one.
This law makes it illegal to access any computer system or network without permission. This includes things like:
- Hacking into someone’s computer
- Logging into someone’s account without their permission (even if you have their password)
- Accessing files or data you’re not supposed to access
- Using someone else’s computer or network without their authorization
It doesn’t matter if you actually cause any damage or not – simply accessing a computer or system without authorization is enough to get charged under this law. Even just attempting or conspiring to illegally access a computer can get you charged.
Identity Theft
Identity theft laws come into play if a hacker accesses someone’s personal information like their name, social security number, or financial information. Even if the hacker doesn’t end up using that information, the access itself can be charged as identity theft.
Computer Crimes
The computer crimes law is a sort of catch-all that makes it illegal to access, damage, delete, destroy, or otherwise misuse any computer system, network, or data. This includes things like:
- Deleting or changing data without authorization
- Introducing viruses or malware
- Disrupting access to networks or computer systems
- Using a computer for fraud or theft
So those are the main laws that can come into play with hacking crimes. If you access, damage, or misuse a computer or network without authorization, you could be charged under one or more of these laws.
Penalties for Hacking in Sacramento
The penalties for hacking depend on exactly what crimes you’re charged with. But in general, hacking crimes are felonies in California, carrying:
- Fines up to $10,000
- Jail time up to 3 years
If there are aggravating factors, like the hacking caused a lot of damage, or the hacker had prior convictions, the penalties can be much more severe, including additional fines and prison time.
For example, identity theft under Penal Code 530.5 can be charged as either a misdemeanor or felony. Misdemeanor convictions can include up to 1 year in county jail. But felony identity theft can include 2, 3, or 4 years in state prison.
And unauthorized computer access under Penal Code 502 can be charged as a felony if the crime was committed for financial gain or to cause damage. Felony convictions can include 16 months, 2 or 3 years in state prison.
So while basic hacking charges may only lead to county jail time, hackers who cause serious damage or have prior convictions can definitely be looking at years in state prison.
Recent Sacramento Hacking Cases
To see how hacking charges play out in real life, let’s look at a few recent hacking cases from Sacramento:
U.S. v. Ajayi
In this case, Adeyemi Ajayi was accused of hacking into several company servers and email accounts to steal credit card numbers . He was charged with multiple counts of computer hacking, identity theft, and fraud. He was ultimately convicted and sentenced to 18 months in federal prison.
California v. Thompson
Marcus Thompson gained unauthorized access to a California government website, then threatened to compromise confidential information unless he was paid a ransom. He was charged with extortion and unauthorized computer access. Thompson ended up pleading guilty to the computer crime charges and was sentenced to 4 years in state prison .
U.S. v. Barrera
Sergio Barrera was accused of hacking into Sacramento State University’s computer network and accessing sensitive records, including students’ grades, SSNs, and financial aid information. He pleaded guilty to computer intrusion charges and was sentenced to 12 months plus 1 day in federal prison .
These cases show how seriously hacking crimes are prosecuted, even when the hackers don’t necessarily profit from the access. State and federal prosecutors tend to pursue jail or prison time even for lower-level hacking incidents.