In today's tech-heavy world, almost every transaction involves some form of a computer. Generally, computers process things much more quickly than can be done manually, making most transactions far more efficient. However, they can also be used for multiple forms of criminal enterprise. The FBI's Internet Crime Complaint Center received 467,361 complaints in 2019 and recorded more than $3.5 billion in losses to the victims. This is the highest number of complaints and damages since the center opened in May of 2000.

There are numerous types of computer crimes in Arizona, and the penalties can be severe. It is essential to understand what constitutes a computer crime and the sanctions you face if you are convicted.

Who Investigates Computer Crimes in Arizona

The Arizona Department of Public Safety developed a Computer Forensics Unit (CFU)  with multiple agencies and provides full-time computer forensic examiners. This Unit has highly developed computer equipment, forensic software, and training resources. CFU has a state-of-the-art lab located at the Arizona Counter Terrorism Information Center. The Unit can enhance audio and video evidence to identify suspects and successfully prosecute computer crimes.

Types of Computer Crimes in Arizona

Computer crimes, often referred to as 'cyber-crime,' can include everything from internet sex crimes to monetary scams. Some of the more common computer crimes include:

• Selling illegal and prescription drugs on the internet
• Soliciting prostitution, including minors
• Possessing child pornography on a computer
• Hacking into another's financial accounts
• Damaging a computer or computer network
• Altering information for fraudulent purposes
• Stealing someone's identity
• Theft of credit card information
• Installing a virus or malware into a computer system

Arizona Revised Statutes §13-2316 criminalizes many different types of conduct relating to computer use. The Legislature breaks down these illegal acts into three general categories.

Computer Tampering in Arizona

Under ARS §13-2316, someone who enters a computer or computer system without authority to knowingly alter, damage, delete, or destroy programs, data, or other stored information may be guilty of computer tampering, often referred to as 'hacking.' An example of computer tampering may be an employee who has been fired but still uses his computer password to damage the company's network.

Another form of computer tampering is recklessly using a computer to engage in conduct directed at another person that alarms, threatens, torments, or terrorizes them. To be criminal, the behavior must cause a reasonable person to suffer substantial emotional distress and serve no legitimate purpose.  

If someone is convicted under this statute, any computer system or communication device they owned or used in the crime must be forfeited, sold, or otherwise disposed of per the court's order. If the offender hacked into a computer system or network connected to a critical infrastructure resource, such as a mainframe power grid for a hospital, the charge may increase to a Class 2 felony.

Unlawful Possession of an Access Device

Under ARS §13-2316.01, it is a crime for someone to knowingly possess, sell, control, or publish an access device, without the issuer's consent, with the intent to use or distribute it. Under 18 United States Code §1029(e)(1), the term access device means "any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds."

An intent to use or distribute is presumed if a person has five or more access devices without the issuer's consent. Felonies are charged for unlawful possession in the following manner:

• Class 4 Felony – unlawful possession of 100 or more access devices
• Class 5 Felony – unlawful possession of five or more but less than 100
• Class 6 Felony – unlawful possession of less than five access devices

Unauthorized Release of Proprietary or Confidential Computer Security Information

Under ARS §13-2316.02, a person may be criminally charged if they released or published proprietary or confidential computer security information, including encryption devices, without the computer owner or operator's express authorization. This may occur when a computer hacker illegally obtains information by bypassing a computer system's security measures and shares with others how to get around the computer's security system. Unauthorized release of proprietary or confidential computer information is a Class 6 felony, unless the security information relates to critical infrastructure, making it a Class 4 felony.

Punishments for Computer Crimes in Arizona

The sanctions for the various classes of felony crimes range from no jail time to substantial incarceration.  

Class 2 Felony

If the computer that has been tampered with is part of critical infrastructure, the person tampering with that computer may be charged with a Class 2 felony and face up to 12 ½ years in jail. The length of the prison term depends in part on whether the defendant has prior convictions for computer tampering. Prior convictions can increase the jail time to up to 35 years.

Class 3 Felony

If the computer tampering was done with the intent to deceive or defraud, the wrongdoing may be charged with a Class 3 felony. A conviction carries anywhere from no jail time to up to 25 years of incarceration, depending upon the severity of the crime and the defendant's prior criminal record.

Class 4 Felony

A defendant who tampers with a computer with the intent to alter, destroy, or delete programs and data may be charged with a Class 4 felony. Possession of 100 or more access devices is a Class 4 felony also. The punishment for a conviction may range from no jail time to up to 15 years of incarceration. 

Class 5 Felony

A Class 5 felony includes computers tampered with or used recklessly to torment, threaten, or terrorize another person. The possession of five or more, but fewer than 100 access devices may also constitute a Class 5 felony. A defendant convicted of this felony may face up to 7 ½ years in jail if they have prior felony convictions.

Class 6 Felony

A defendant who tampers with a computer to knowingly obtain private or confidential records or accesses computer date without the owner's permission may be charged with a Class 6 felony. Possessing less than five access devices is also a Class 6 felony, as is the unauthorized release of proprietary, confidential computer security information not related to critical infrastructure. Class 6 felony convictions carry up to two years in jail for a first offense and up to 5.75 years for a repeat offender.

Defenses to a Computer Crime in Arizona   

Common defenses to charges of computer crimes include:

• Lack of intent to do any harm or cause damage
• Your identity was stolen and used by someone else
• Your computer was obtained through an illegal search and seizure
• Flawed forensic work in recovering data from your computer
• Denial of your right to counsel
• Pressured by law enforcement to make incriminating statements

It is essential to understand your rights if you have been charged with a computer crime in Arizona. You may need skilled legal counsel to exercise those rights throughout a criminal proceeding.