Fighting Computer Crime Allegations in South Carolina

In the age of digital technology, the resources available to law enforcement are more advanced than ever.  With the advent of technology, the investigation and prosecution of internet and computer crimes is a key focus for local law enforcement.

Computer crimes commonly targeted for investigation and prosecution include:

• identity theft,
• internet solicitation of a minor or possessing or transferring illegal pornography such as child pornography,
• credit card fraud, including skimming,
• hacking into email accounts and stealing confidential information,
• mail fraud, wire fraud, and bank fraud, and
• generating and releasing worms or viruses.

In addition to having your computer seized and searched, you will be faced with hefty fines and possible jail time, making it essential that you retain an attorney who has the resources and the experience necessary to agressively defend your case and protect your legal rights.

Despite the advancements in technology, getting arrested for a computer crime does not mean that you are guilty, and there are a number of defenses available to defend your case.

• The State must be able to prove that you actually committed the cyber crime offense from your computer and that it was not hacked, improperly traced, and that you were not a victim of internet spoofing or email spoofing.
• There was likely a search and seizure of evidence, invoking your right to protection from illegal search and seizure under the 4th Amendment.

Under South Carolina law there is a lot at stake:

(1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to:

(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:

(i) devising or executing a scheme or artifice to defraud;

(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or

(iii) committing any other crime.

(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in that computer, computer system, computer program, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network.

(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds ten thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.

(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than ten thousand dollars. (b) A person is also guilty of computer crime in the second degree where:

(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer or network service to an authorized user of the computer or network service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;

(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or

(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained. (c) Computer crime in the second degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than ten thousand dollars or imprisoned not more than one year, or both. Upon conviction for a second or subsequent offense, a person is guilty of a misdemeanor and must be fined not more than twenty thousand dollars or imprisoned not more than two years, or both.

(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both.

(5) Each computer, computer system, or computer network affected by the violation of this chapter constitutes a separate violation.

If you have been arrested and charged with an internet crime, contact the criminal defense attorneys at the Strom Law Firm, LLC today for a free consultation to discuss the facts of your case including possible defenses to help you avoid fines and jail time.  We offer flexible payment options and accept Visa and Mastercard.