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Cybercrime

As the internet develops, so does criminal activity. Over the last twenty years law enforcement has kept up with offenders by learning the latest techniques for committing financial crimes over the internet. Cybercrime units are often equipped with skilled computer experts who have harnessed the latest software to track down criminals. The focus on cybercrime has caused arrest rates to skyrocket in regard to cybercrime. In the end, this leaves those committing them worried during their daily lives when and if they’ll get a knock on their door from police.

If you or someone you love has been arrested for an internet-related crime, then we urge you to get in contact with an attorney who has extensive practice with cybercrimes. These crimes are often very complex and involve multifaceted knowledge of the internet to truly have a grasp on the crime and possible defenses. Hiring an experienced cybercrime defense lawyer will give you a significant advantage in the courtroom and a chance to avoid the full penalties.

Cybercrime Denver Defense Lawyer

If you or someone you love has been arrested for a crime involving computers or the internet, it’s within your best interest to contact Law Office of Matthew A. Martin, P.C.. Attorney Matthew Martin understands the intricacies of cybercrimes as well as the financial component many of them share. He can utilize this knowledge to build a formidable defense for you.

To learn more, set up your first consultation at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Douglas County, Jefferson County, Adams County, Arapahoe County, and Broomfield County.

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Cybercrime Laws in Colorado

Colorado law prohibits the following types of cybercrimes:

  • 5.5:01 CYBERCRIME (AUTHORIZATION)
  • 5.5:02 CYBERCRIME (DEFRAUD)
  • 5.5:03 CYBERCRIME (PRETENSES)
  • 5.5:04 CYBERCRIME (THEFT)
  • 5.5:05 CYBERCRIME (ALTERATION OR DAMAGE)
  • 5.5:06 CYBERCRIME (TRANSMISSION)
  • 5.5:07 CYBERCRIME (ON-LINE EVENT TICKET SALE)
  • 5.5:07.2 CYBERCRIME (ENDANGER MINOR)
  • 5.5:07.5 CYBERCRIME (ACCESS INFORMATION)
  • 5.5:07.8 CYBERCRIME (ENCODING MACHINE)

The penalties for cybercrime might be enhanced under § 18-5.5-102(3)(a)(I)–(IX), C.R.S., if the prosecution meets its burden of proving the amount of the loss, damage, value of services, or thing of value taken, or cost of restoration or repair beyond a reasonable doubt.

  1. the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by the cybercrime in an amount listed in section 18-5.5-102(3);
  2. the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by the cybercrime in an amount listed in section 18-5.5-102(3);
  3. the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by the cybercrime in an amount listed in section 18-5.5-102(3).

In 2018, the Colorado legislature relied on a legislative amendment to change the title in Chapter 5.5 from “Computer Crime” to “Cybercrime.” See Ch. 379, sec. 2, § 18-5.5-102(1), 2018 Colo. Sess. Laws 2290, 2291.

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Cybercrimes involving Authorization

The standard jury instructions for Chapter 5.5:01 on cybercrimes involving authorization under § 18-5.5-102(1)(a), C.R.S., include the following elements:

  • the defendant accessed a computer, computer network, or computer system or any part thereof while:
    • acting without authorization;
    • exceeding the authorized access to a computer, computer network, or computer system or any part thereof; or
    • using a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access.

If you were accused of cybercrime involving

  • authorization under § 18-5.5-102(1)(a), C.R.S.;
  • defraud under § 18-5.5-102(1)(b), C.R.S.;
  • pretense under § 18-5.5-102(1)(c), C.R.S.;
  • theft under § § 18-5.5-102(1)(d), C.R.S.;

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Cybercrimes Involving Defraud

The standard jury instructions for Chapter 5.5:02 on cybercrimes involving defraud under § 18-5.5-102(1)(b), C.R.S., include the following elements:

  1. the defendant accessed any computer network, computer system, or any part thereof;
  2. for the purpose of devising or executing any scheme or artifice to defraud.

The term “defraud” is not defined by statute.

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Cybercrimes Involving Pretense

The standard jury instructions for Chapter 5.5:03 on cybercrimes involving pretense under § 18-5.5-102(1)(c), C.R.S., include the following elements:

  1. the defendant accessed any computer, computer network, or computer system, or any part thereof;
  2. to obtain, by means of false or fraudulent pretenses, representations, or promises;
  3. 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.

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Cybercrimes Involving Theft

The standard jury instructions for Chapter 5.5:04 on cybercrimes involving theft under § § 18-5.5-102(1)(d), C.R.S., require proof beyond all reasonable doubt that the defendant accessed any computer, computer network, or computer system, or any part thereof, to commit the crime of theft.

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Cybercrimes involving Alteration or Damage

The standard jury instructions for Chapter 5.5:05 on cybercrimes involving alteration or damage under § 18-5.5-102(1)(e), C.R.S., require proof beyond all reasonable doubt that:

  1. the defendant acted without authorization or in excess of authorized access;
  2. altered, damaged, interrupted, or caused the interruption or impairment of the proper functioning of, or caused any damage to;
  3. 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.

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Cybercrimes involving Transmission

The standard jury instructions for Chapter 5.5:06 on cybercrimes involving transmission under § 18-5.5-102(1)(f), C.R.S., require proof beyond all reasonable doubt that:

  1. the defendant caused 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;
  2. with the intent to cause damage to or cause the interruption or impairment of the proper functioning of, any computer, computer network, computer system, or part thereof; or that actually caused damage to or the interruption or impairment of the proper functioning of, any computer, computer network, computer system, or part thereof.

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Cybercrimes Involving On-line Event Ticket Sale

The standard jury instructions for Chapter 5.5:07 on cybercrimes involving on-line event ticket sale under § 18-5.5-102(1)(g), C.R.S., requires proof beyond all reasonable doubt that:

  1. the defendant used or caused to be used;
  2. a software application that ran automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof;
  3. that circumvented or disabled 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 on-line event ticket sale.

The term defining “on-line event ticket sale” is defined in Instruction F:253 as:

“an electronic system utilized by the sponsor or promoter of a sporting or entertainment event to sell tickets to such event to the public over the internet.”

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Cybercrimes Involving Minors

The standard jury instructions for Chapter 5.5:07.2 on cybercrimes involving on-line event ticket sale under § 18-5.5-102(1)(h), C.R.S., requires proof beyond all reasonable doubt that:

  1. the defendant knowingly solicited or offered to arrange a situation in which a minor may engage in prostitution;
  2. by means of using a computer, computer network, computer system, or any part thereof.

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Cybercrimes Involving Access Information

The standard jury instructions for Chapter 5.5:07.5 on cybercrimes involving access information under § 18-5.5-102(1)(i), C.R.S., requires proof beyond all reasonable doubt that:

  1. the defendant knowingly directly or indirectly used a scanning device;
  2. to access, read, obtain, memorize, or store, temporarily or permanently;
  3. information encoded on a payment card without the permission of the authorized user of the payment card;
  4. with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

The term “payment card” is defined in Instruction F:262.5 as follows: “a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.”

The term “scanning device” is defined in Instruction F:328.5 as follows: “a scanner, reader, wireless access device, radio-frequency identification scanner, near-field communications technology, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information from a payment card.”

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Cybercrimes Involving Encoding Machine

The standard jury instructions for Chapter 5.5:07.8 on cybercrimes involving encoding machine under § 18-5.5-102(1)(j), C.R.S., requires proof beyond all reasonable doubt that:

  1. the defendant knowingly directly or indirectly used an encoding machine to place information encoded on a payment card onto a different payment card;
  2. without the permission of the authorized user of the payment card from which the information being reencoded was obtained;
  3. with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

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Additional Resources

Cybercrime Laws in Colorado | CRS – Visit the official website for the Colorado Revised Statutes to read up on their laws pertaining to crimes committed involving the internet and computers. Access the site to look up different cybercrimes, the penalties for the crimes, and other valuable information you may need.

Division of Homeland Security | Cybercrimes – Visit the official website for the Colorado Division of Homeland Security & Emergency Management (DHSEM). Access the site to read up on what to do before a cybercrime to prevent it, how to handle it if you’re a victim of cybercrime, and resources that may be of help.

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Denver Attorney for Cybercrimes

Have you been accused of committing a crime involving the internet or a computer(s)? Get in contact with Law Office of Matthew A. Martin, P.C. as soon as possible to learn your legal options. The penalties for certain cybercrimes may result in incarceration and expensive fines, so it’s important you act quickly when building your defense.

Matthew Martin has three decades of trial experience he can utilize for your case. Call (303) 725-0017 now to set up your first consultation for free. Law Office of Matthew A. Martin, P.C. has offices in Denver, but accepts clients throughout the greater Douglas County, Jefferson County, Boulder County, Adams County, Arapahoe County, and Broomfield County area.

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