Arizona DUI & Criminal Defense Attorney
4500 S Lakeshore Dr #352
Tempe, AZ 85282
Map · Directions
480.413.1499Schedule Your Free Consultation
Contact Us Now
Contact James E. Novak to request your free consultation.
SUBMIT YOUR CASE
About James E. Novak

James E. Novak participates in several legal organizations including The Arizona Attorneys For Criminal Justice, The Association of Trial Lawyers of America, and others. As well as:

National Assoc. of Criminal Defense Lawyers
National College for DUI Defense
James E. Novak BBB Business Review
Free eBooks
Like us on Facebook to earn
3 free Arizona DUI eBooks
written by James E. Novak.
GET YOUR FREE EBOOKS
 

Enter Title

   Minimize

Internet / Cybercrimes

Not all criminal offenses involve physical altercations. As technology continues to evolve around the world, more and more crimes are being committed online or through other computer-related means.

As internet usage continues to grow, more people continue to find themselves the victims of various illegal online activities commonly referred to as “cybercrimes.” Alleged offenders who are accused of committing online criminal offenses can face severe penalties that include lengthy terms of incarceration as well as significant fines.

Lawyer for Internet and Cybercrimes in Tempe, AZ

If you were arrested or think you might be under investigation in Maricopa County for an alleged online criminal offense, it is in your best interest to immediately seek legal representation. You should not say anything to authorities until you have contacted the Law Office of James E. Novak.

James E. Novak is an experienced criminal defense attorney in Tempe who represents clients all over the greater Maricopa County area, including Gilbert, Scottsdale, Phoenix, Chandler, Tempe, and Mesa. He can provide an honest and thorough evaluation of your case when you call (480) 413-1499 to schedule a free, confidential consultation.


Maricopa County Internet and Cybercrimes Information Center


Back to top

Computer Offenses in Arizona

Chapter 23 of the Arizona Revised Statutes covers criminal offenses related to organized crime, fraud, and terrorism. Three statutes established in this chapter apply to internet and cybercrimes:

Computer Tampering

Under Arizona Revised Statute § 13-2316, the classification of computer tampering offenses depends on the specific alleged activity involved. All of the following involve an alleged offender acting without authority or exceeding authorization:

  • Class 3 felony for an alleged offender to access, alter, damage, or destroy 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;
  • Class 4 felony for an alleged offender to knowingly alter, damage, delete, or destroy computer programs or data; knowingly introduce a computer contaminant into any computer, computer system, or network; or recklessly disrupt or cause the disruption of computer, computer system, or network services or deny or cause the denial of computer or network services to any authorized user of a computer, computer system or network;
  • Class 4 felony for an alleged offender to recklessly use a computer, computer system, or network to engage in a scheme or course of conduct that is directed at another person and that seriously alarms, torments, threatens or terrorizes the person (the alleged conduct must both cause a reasonable person to suffer substantial emotional distress and serve no legitimate purpose);
  • Class 6 felony for an alleged offender to knowingly obtain any information that is required by law to be kept confidential or any records that are not public records by accessing any computer, computer system or network that is operated by the state of Arizona, a political subdivision of the state of Arizona, a health care provider, a clinical laboratory, or a person or entity that provides services on behalf of a health care provider or a clinical laboratory; or knowingly access any computer, computer system, or network or any computer software, program or data that is contained in a computer, computer system or network.

Unlawful Possession of an Access Device

Under Arizona Revised Statute § 13-2316.01, an alleged offender can be charged with this crime for knowingly possessing, trafficking in, publishing, or controlling an access device without the consent of the issuer, owner, or authorized user and with the intent to use or distribute that access device. The possession, trafficking, publishing, or control of five or more access devices without the consent of the issuer, owner, or authorized user may give rise to an inference that the alleged offender possessing, trafficking in, publishing, or controlling the access devices intended to use or distribute the devices.

The classification of these crimes depends on the number of access devices that the alleged offender unlawfully possessed:

  • Class 4 felony — 100 or more access devices;
  • Class 5 felony — Five or more but fewer than 100 access devices; or
  • Class 6 felony — Fewer than five access devices.

Unauthorized Release of Proprietary or Confidential Computer Security Information

Under Arizona Revised Statute § 13-2316.02, an alleged offender can be charged with this crime for communicating, releasing, or publishing proprietary or confidential computer security information, security-related measures, algorithms, or encryption devices relating to a particular computer, computer system or network without the authorization of its owner or operator. Unauthorized release of proprietary or confidential computer security information is a class 6 felony, unless the security information relates to a critical infrastructure resource, in which case it is a class 4 felony.

The statute exempts the following types of releases:

  • The release by publishers, vendors, users and researchers of warnings or information about security measures or defects in software, hardware or encryption products if the release of the warnings or information is not specific to a particular owner's or operator's computer, computer system or network;
  • The release of security information among the authorized users of a computer, computer system or network or the notification to the owner or operator of a computer, computer system or network of a perceived security threat; and
  • The release of security information in connection with the research, development and testing of security-related measures, products or devices if the release of the security information is not specific to a particular owner's or operator's computer, computer system or network.

Back to top

Internet and Cybercrimes in Tempe

In addition to the hacking and related cybercrimes listed above, [[$firm]] also aggressively defends clients against charges relating to a number of other computer-related criminal offenses. Common crimes that frequently involve online activity include:

  • Child pornography;
  • Credit card fraud;
  • Cyberbullying;
  • Identity theft;
  • Illegal downloading;
  • Internet auction fraud;
  • Internet fraud;
  • Internet gambling;
  • Internet sex crimes;
  • Internet solicitation of children; and
  • Internet threats.

Back to top

Arizona Resources for Internet and Cyber Crime Arrests

City of Tempe, AZ | Computer Forensics Unit — Computer Forensic Unit Detectives for the Tempe Police Department can become involved in any incident in which a computer was used when a crime was committed. On this website, you can learn more about ways to avoid becoming the victim of internet or Cybercrimes. You can find links to safety resources as well as ways to file complaints about internet crimes.

Tempe Police Department
120 E. 5th St.
Tempe, AZ 85281
(480) 350-8311

Arizona Internet Crimes Against Children (AZICAC) Task Force — The AZICAC Task Force is led by the Phoenix Police Department's Internet Crimes Against Children Unit but is comprised of investigators from city, county, state, and federal agencies. Some of the affiliates include the Tempe Police Department and Maricopa County Sheriff's Office. On this website, you can learn more about internet safety, read recent news, and review recent cases and arrests.


Back to top

[[$firm]] | Tempe Internet and Cybercrimes Attorney

Do you think that you could be under investigation or were you already arrested for a computer or online-related criminal offense in Maricopa County? Do not make any kind of statement to authorities until you have contacted the Law Office of James E. Novak.

Tempe criminal defense lawyer James E. Novak fights to get criminal charges reduced or dismissed for clients in Scottsdale, Phoenix, Chandler, Tempe, Mesa, Gilbert, and many surrounding areas of Maricopa County. Call (480) 413-1499 or submit an online contact form to have our attorney review your case and answer all your legal questions during a free initial consultation.


Back to top