Virus and Malware Distribution

Cyber Crime Services in Fort Bend – Call our office at (346) 249-5544

Section 33.02 of the Texas Penal Code refers to the crime called Breach of Computer Security, which encompasses several illegal acts such as distributing viruses and malware. The State of Texas makes it illegal to access any computer, computer network, or management information system, without first gaining consent from the owner of the technological hardware. Texas law also forbids accessing computers and computer networks with the consent of the owner, if you gain access to perform a malicious act or break any sections of a contract.

Because of the rapid rise of computer crimes, the State of Texas has placed much more emphasis on catching and prosecuting anyone who distributes harmful virus and malware programs. If you face a Breach of Computer Security charge, you must act immediately by contacting a Texas licensed computer crimes attorney. The key for successfully defending clients against Breach of Computer Security charges involves knowing how to present the most effective defense out of the number of defenses that are possible to use for similar cases.

How Texas Defines a Breach of Computer Security Crime

Section 33.02 of the Texas Penal Code defines a Breach of Computer Security crime in two ways. First, state law defines a Breach of Computer Security perpetrator when “a person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner.” The second definition of the computer crimes is when  “a person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses a computer owned by the government, a business, or a non-profit organization.”

Under the second scenario, the crime is considered a Class B misdemeanor, with punishment entailing a maximum prison sentence of 180 days and a fine not to exceed $2,000. For the first scenario and if the offense has been committed two or more times, the sentence is for a State Jail Felony.

Defenses for Virus and Malware Distribution Charges

There are several defense options for highly rated criminal defense lawyer Adam Capetillo to use for defending virus and malware distribution charges. Sometimes, we can use two defenses to bolster our legal argument.

Coercion

Coercion is a plausible defense if we can present evidence that a client was forced to attack a computer or a computer network by using malware or a virus. The defense is especially powerful if we can prove a client was coerced to commit the crime to prevent harm to a loved one. Coercion to commit the crime of virus and malware distribution is often found in the world of business.

Authorization

One way to prevent cyber attacks is to test different defenses. This involves purposely sending viruses and malware into a computer network to find vulnerabilities. Anyone who is authorized to distribute virus and malware programs to test computer network security should not be charged with a crime.

No Knowledge

Let’s say you send an email to a professional colleague reminding him or her know about an upcoming business seminar. Savvy computer hackers can piggyback on the email by attaching a virus or a malware program that you didn’t know existed. Lack of knowledge is a frequently used criminal defense for Breach of Computer Security charges.

Innocence

Most computer and computer network databases and Internet connections use tracking instruments that detect and record every online activity. The instruments used to detect and record Internet activities include time stamps that show when someone logged in and out of an account. We can refer to the time stamps to demonstrate a client was not the person who was logged in at the time of the distribution of a virus or a malware program. The defense of innocence requires the assistance of a certified information technology professional.

Constitutional Violations

Proving the crime of virus and malware distribution typically involves searching a computer or a computer network for the existence of a program sent to perform a malicious act. This can be done only by obtaining a warrant. If a search warrant was not properly obtained, criminal defense lawyer Adam Capetillo will argue the Constitutional violation warrants the case being dismissed. We can also claim a Constitutional violation if you were not read your Miranda rights at the time of the arrest.

Contact Adam Capetillo for Defending a Computer Crime Charge

The legal niche of computer crimes is the fastest growing legal niche for criminal defense attorneys.

Schedule a free initial consultation with Texas criminal defense lawyer Adam Capetillo by calling (346) 249-5544 or by submitting the convenient online contact form.