Jury Instruction - Computer Fraud - Causing Damage To Computer Or Program

Cyber crimes typically rise to the level of a federal criminal offense because they involve the internet by their very nature.

Cybercrime, also called computer crime, the use of a computer as an instrument to further illegal ends, such as committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy.

Fines for a conviction of various computer and internet crimes range widely. A misdemeanor conviction can result in relatively minor fines of a few hundred dollars, and possibly up to a $1,000 or more, while felony convictions can have fines that exceed $100,000. Jail or prison.

The National Information Infrastructure Protection Act of 1996 amended the Computer Fraud and Abuse Act of 1986. It modified several sections of the CFAA and increased the penalties for selected crimes.

Federal law defines fraud as any intentional deception or misrepresentation used to benefit yourself or someone else. The federal government, through its prosecutors in the United States Attorneys' Office, penalizes various kinds of fraud specifically identified under federal laws.

(18 U.S.C. ? 1030(g) and 1030(c)(4)(A)(i).) Plaintiffs typically rely on the first factor, which requires proof that the computer fraud caused a combined loss of at least $5,000 to one or more persons during any one-year period (see $5,000 Loss Threshold).

An attempt to hack into a federal computer in violation of paragraph 1030(a)(3) is also punishable as a federal crime, 18 U.S.C. 1030(b).

The punishments under these provisions are different based upon the gravity of the committed cybercrime. Section 419 carries a punishment up to 3 years of imprisonment or fine and Section 420 carries up to 7 years of imprisonment or fine.