What is Cybercrime Law in Arizona?

Cybercrime is a serious problem in Arizona. In fact, the state ranks first for having the highest monetary losses for cybercrime victims. The average loss for a cybercrime victim is $9,251. In 2017, Arizona experienced a total of $44 million in losses from cybercrime.

Since then, the state established an Arizona Cybersecurity team to find ways to defeat cybercrime. But Arizona isn’t the only one facing challenges with this type of crime. Nationally, the incidents of cybercrime continue to rise. The most targeted industries include the following.

  • Business
  • Medical/healthcare
  • Banking
  • Educational
  • Government/military

With so much emphasis on stopping cybercrime in the state, you should be aware of the laws surrounding cybercrime and what constitutes such a crime. We’ll explain what you need to know and how to protect yourself if you face criminal charges for this type of crime in Arizona.

What is cybercrime?

Cybercrime takes place over the internet and computer technology. It can be anything from financial crimes to exploiting minors. Here’s a look at some of the most common cybercrimes that take place in Arizona.

  • Credit card fraud
  • Child sexual exploitation or child pornography
  • Denial of service attacks
  • Financial crimes
  • Hacking
  • Identity theft
  • Internet fraud
  • Internet luring of minors
  • Theft of private, personal information

If you’re facing cybercrime charges, you should discuss the matter with an experienced criminal defense attorney as soon as possible. Failing to do so could mean that you incriminate yourself or make it more challenging to protect your rights during interrogation.

Arizona’s cybercrime laws

Over the last several years, Arizona has taken many steps to protect its citizens from cybercrimes. With this heightened awareness for this type of crime and task forces to avoid it, you should know the statutes that outline what constitutes cybercrime.

A.R.S 13-2316 outlines what computer tampering is. This is commonly known as hacking and is clearly defined as an illegal act in Arizona. The law outlines several important rules for computer use in the state.

One key aspect that the law outlines includes:

“Accessing, altering, damaging or destroying any computer, computer system or network, or any part of a computer, computer system or network, with the intent to devise or execute any scheme or artifice to defraud or deceive, or to control property or services by means of false or fraudulent pretenses, representations or promises.”

But the law also discusses reckless use of a computer that causes harm to another person or serves no legitimate purpose. So even if you don’t have the intention to engage in computer misconduct, you could be committing cybercrime by using technology recklessly.

Punishment for cybercrime

Cybercrimes could be classified as misdemeanors or felonies depending on the severity of the offender’s actions. But you could face any of the three following penalties for your cybercrime.

  • Time in prison
  • Fines or financial restitution
  • Registering as a sex offender in the case of sexual crimes

Technical and digital evidence will play an important role in your case. The following might be pieces of evidence that we can use to prove your innocence.

  • Digital forensics
  • Cell-site location data
  • Deleted emails
  • GPS tracker data
  • Hard drive imaging information

We can work with you to build a defense for your case. This might include proving a lack of intent to commit the crime, that someone else used your identity or technology to commit the crime or that you were denied your rights, such as the right to an attorney or Miranda rights.

Based on the circumstances of your case, we could also argue illegal search and seizure or inaccuracies in the forensic evidence in your case.

Know that we’ll provide you a fair trial and defense to the best of our ability to avoid a cybercrime conviction. Contact our office now to learn more about our Arizona criminal defense law firm.