Colorado Computer Crime Defense Lawyers

In Colorado, “computer crime” is an offense that covers a wide range of unlawful computer activities. Computer crimes range from class 2 misdemeanors to class 3 felonies.

A person commits computer crime if he or she knowingly does any of the following:

• Accesses computers without authorization, or exceeds authorization.
• Accesses computers to devise or execute a scheme to defraud.
• Accesses computers and uses false or fraudulent pretenses or promises to obtain money, property, passwords, or anything else of value.
• Accesses computers to commit theft.
• Accesses a computer system without authorization or in excess of authorization, and does damage to that computer system or 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.
• Causes the transmission of a virus.
• Uses automated software to circumvent event ticket purchasing limits.

For most types of computer crime, the severity is determined by the amount of financial harm caused. If the damage is less than $500, then computer crime is a class 2 misdemeanor that carries a minimum punishment of three months of imprisonment, or a $250 fine, or both. The maximum punishment is twelve months of imprisonment, or a $1,000 fine, or both.

If the damage is between $500 and $1,000, computer crime is a class 1 misdemeanor that carries a minimum punishment of six months of imprisonment, or a $500 fine, or both. The maximum punishment is eighteen months of imprisonment, a $5,000 fine, or both.

If the damage is between $1,000 and $20,000, computer crime is a class 4 felony that carries a presumptive minimum sentence of two years of imprisonment and a presumptive maximum sentence of six years. Under extraordinary aggravating circumstances, a court may impose a sentence of more than six years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than two years.

If the damage is $20,000 or more, computer crime is a class 3 felony that carries a presumptive minimum sentence of four years of imprisonment and a presumptive maximum sentence of twelve years. Under extraordinary aggravating circumstances, a court may impose a sentence of more than twelve years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than four years.

However, two computer crimes’ punishments are not determined by the amount of financial harm done. Accessing computers without or beyond authorization is a class 2 misdemeanor for the first offense, and it’s a class 6 felony if the person has ever committed a computer crime of any sort in the past.

Using automated software to circumvent event ticket purchasing limits is a class 1 misdemeanor, and each ticket purchased in this manner is a separate offense.