Computer Tampering Laws: A.R.S. 13-2316

Computer Tampering Laws: A.R.S. 13-2316 

Hacking into a computer is not always thought of as a serious crime, however Arizona law makes computer tampering a felony offense. Such a conviction will have lasting impacts for the offender. A.R.S. 13-2316 defines computer tampering as tampering that is committed when a person acts without proper authority or exceeds their authorization of computer use. 

Class 2 Felony  

Class 2 felony computer tampering is committed when a person acts without authority, or exceeds the authorization of use, by doing any of the following on a computer, computer system, or network that is a critical infrastructure resource: 

1. Knowingly altering, damaging, deleting or destroying computer programs or data. 

1. Knowingly introducing a computer contaminant into any computer, computer system or network. 

1. Recklessly disrupting or causing the disruption of computer, computer system or network services or denying or causing the denial of computer or network services to any authorized user of a computer, computer system or network. 

Critical infrastructures are defined by Arizona state law as systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity or destruction of those systems and assets would have a debilitating impact on security, economic security, public health or safety. 

First time offenders can face incarceration of up to 12.5 years. 

Class 3 Felony 

Class 3 felony computer tampering is committed when a person acts without authority, or exceeds the authorization of use, by: 

1. Accessing, altering, damaging, or destroying 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. 

First-time offenders can face incarceration of up to 8.75 years. 

Class 4 Felony 

Class 4 felony computer tampering is committed when a person acts without authority, or exceeds the authorization of use, by: 

1. Knowingly altering, damaging, deleting, or destroying computer programs or data. 

1. Knowingly introducing a computer contaminant into any computer, computer system or network. 

1. Recklessly disrupting or causing the disruption of computer, computer system or network services or denying or causing the denial of computer or network services to any authorized user of a computer, computer system or network. 

First-time offenders can face incarceration of up to 3.75 years. 

Class 5 Felony 

Class 5 felony computer tampering is committed when a person acts without authority, or exceeds the authorization of use, by: 

1. Recklessly using 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.  For the purposes of this paragraph, the conduct must both: 

1. Cause a reasonable person to suffer substantial emotional distress. 

1. Serve no legitimate purpose. 

First-time offenders can face incarceration of up to 2.5 years. 

Class 6 Felony 

Class 6 felony computer tampering is committed when a person acts without authority, or exceeds the authorization of use, by: 

1. Knowingly obtaining 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 this state, a political subdivision of this state, 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.  

1. Knowingly accessing any computer, computer system or network or any computer software, program or data that is contained in a computer, computer system or network. 

First-time offenders can face incarceration of up to 2 years. 

Individuals can also be given felony charges for preventing a computer user from exiting a site, computer system, or network-connected location in order to compel the user’s computer to continue communicating with, connecting to or displaying the content of the service, site or system. 

Where Will Computer Tampering Be Charged? 

Typically, criminal prosecutions in the state of Arizona will be tried in the county in which the actual offense occurred. However, computer tampering charges allow the defendant to be tried in any of the following counties: 

1. The county in which the victimized computer, computer system or network is located. 

1. The county in which the computer, computer system or network that was used in the commission of the offense is located or in which any books, records, documents, property, financial instruments, computer software, data, access devices or instruments of the offense were used. 

1. The county in which any authorized user was denied service or in which an authorized user’s service was interrupted. 

1. The county in which critical infrastructure resources were tampered with or affected. 

Once a defendant has been convicted of computer tampering, the court will order that any computer system or instrument of communication that was owned or used exclusively by the defendant and used in the commission of the crime be forfeited and sold, destroyed, or otherwise properly disposed of. 

Offenses Related to Computer Tampering 

In many instances, computer tampering charges come in conjunction with other charges, such as credit card fraud, identity theft, and unauthorized possession of an access device. Rideout Law Group’s defense attorneys are able to navigate these charges to provide the best outcome in every computer tampering case. 

RIDEOUT LAW GROUP 

With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases. 

Our goal is for the best outcome for your criminal case, which can include: 

• charges that are reduced or dropped. 
• top experts reviewing your case. 
• aggressive negotiations with the prosecution for plea bargains. 
• fines or probation in lieu of jail time. 

At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.  

Call us today for a free consultation at 480-584-3328.