Internet Fraud | Penal Code § 502

Description

Internet Fraud is a blanket term that describes several different fraud crimes that all involve use of the internet or computers. Some alleged crimes may be prosecuted under California law in state courts; others are federal crimes, and yet others may be prosecuted in either California or federal court.

What does the prosecutor have to prove?

1. Defendant knowingly accessed and without permission altered, damaged, deleted, destroyed, or otherwise used any data, computer or computer system or network.
2. Defendant did so in order to devise or execute a scheme or artifice to defraud, deceive, or extort. or
2. Defendant did so in order to wrongfully control or obtain money, property, or data. or
1. Defendant knowingly accessed and without permission took, copied, or made use of data from a computer, computer system, or computer network. or
1. Defendant knowingly accessed and without permission took or copied supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. or
1. Defendant knowingly and without permission used or caused to be used computer services. or
1. Defendant knowingly accessed and without permission added, altered, damaged, deleted, or destroyed data, computer software, or computer programs that resided or existed internal or external to a computer, computer system, or computer network. or
.1. Defendant knowingly and without permission disrupted or caused the disruption of computer services or denied or caused the denial of computer services to an authorized user of a computer, computer system, or computer network. or
1. Defendant knowingly and without permission provided or assisted in providing means of accessing a computer, computer system, or computer network in violation of this section. or
1. Defendant knowingly and without permission accessed or caused to be accessed a computer, computer system, or computer network. or
1. Defendant knowingly introduced a computer contaminant into a computer, computer system, or computer network. or
1. Defendant knowingly and without permission used the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and thereby damaged or caused damage to a computer, computer system, or computer network.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	Yes
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No