The law punishes hacking under the computer crime statutes. A number of generally applicable crimes could also apply. For example, hacking could be done to commit identity theft or larceny and it could be punished under those generally applicable crimes.
In addition to criminal penalties, the law specifically authorizes someone harmed by a computer or unauthorized use crime to bring a civil lawsuit against the perpetrator. These civil actions are in addition to any other grounds for a civil action that the injured party may have.
It is also a computer crime to misuse computer system data. Depending on what you are convicted of, the sentence can be anything from a community sentence to life imprisonment. You may also receive a fine. There may also be other offences related to the hacking offence that you may be given a penalty for including:.
When sentencing for computer hacking offences, your case will be investigated thoroughly by the police and other regulatory agents. Part of this investigation will be looking at whether your case was part of a group activity designed to make a significant amount of money or something you have done just for yourself or a couple of friends.
Certain aspects of a case are known as the mitigating aspects which can influence the sentence that a judge gives. The following are some of the other factors considered when the court decides which sentence to give. They will look at:. In recent years, a number of changes have been made to the sentencing system in the UK to save the court time and cost and to protect witnesses from the stress of needlessly going through a trial.
For offenders aged 18 and over, pleading guilty early on in a case can reduce a sentence by as much as one third maximum. The later the plea is entered, the smaller the reduction. A court can also make ancillary orders on a defendant if they are found guilty and convicted of a computer hacking offence. Ancillary orders that are typically added to the penalty for those who are found to be guilty of computer hacking offences include:. Although the police meet some of the costs involved in the prosecution, the costs of investigation are typically sought from the convicted.
These may include the costs of:. There are several national databases that hold information about individuals and any allegations made about them, their criminal and court records.
Depending on what happened, whether the accused is convicted and what sentence was issued, the accused may be added to one or all these databases.
Their purpose is to provide information to potential employers and to regulate the ability to take part in certain activities. The period of the endorsement will depend on the nature and length of your sentence. Below are details on how long you will be listed as holding a criminal record if convicted. This is something very serious to consider when it comes to future employment.
As you read this, you may be feeling frightened and concerned about what might happen to you. The best action to help you to feel better immediately and to improve your situation is to take early action.
Contact a computer hacking or cybercrime solicitor who is competent and experienced. The computer hacking lawyers at this firm are experts in the field of cybercrime legal defence. We understand that hacking is performed by sophisticated technology users exploring new ways of using hardware or software; not criminals. Our cybercrime solicitors appreciate that the hack may not be illegal, or that your skill may not have been invested with wrongful intentions.
We have specialist skill in defending hackers or those accused of using any form of malware to commit cybercrime. Our cybercrime solicitors are familiar with a wide range of computer hacking offences of every size and complexity. To make matters worse, a great deal of computer hacking cases in California are perpetrated by people who know how to make it look like someone else was at fault.
This can add up to a situation where investigators bring charges against the wrong person. As well, prosecutors have to prove that when you gained unauthorized access to a computer, you did it knowingly. In order to do this, they have to produce extensive evidence showing that you purposely and intentionally meant to break into another computer. Handling these cases can be difficult, and for criminal defense attorneys it can be even more difficult to communicate the details of cases to non-tech savvy judges and juries.
Robert M. Helfend has served the Los Angeles area for more than 30 years, and in that time he has developed a specialization in defending cybercrimes. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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What Is Hacking? However, today there is a whole population of people who hack in order to access confidential or private information, often as part of a scheme to commit some other crime, such as: theft of customer information to be used for identity fraud commercial or industrial espionage software piracy extortion, or insider trading. Is Hacking Illegal?
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