{"id":371298,"date":"2016-03-31T21:34:18","date_gmt":"2016-04-01T02:34:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alabama-law\/alabama-computer-crimes-laws.html"},"modified":"2016-06-20T13:29:00","modified_gmt":"2016-06-20T18:29:00","slug":"alabama-computer-crimes-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-computer-crimes-laws.html","title":{"rendered":"Alabama Computer Crimes Laws"},"content":{"rendered":"\n
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Alabama Computer Crimes Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Alabama computer crime<\/a> law has gone through two incarnations. First, in 1985, the Alabama Computer Crimes Act was passed. This prohibited two crimes, an Offense Against Intellectual Property and an Offense Against Computer Equipment or Supplies. In 2012, that law was repealed and replaced with the Alabama Digital Crime Act.<\/p>\r\n

The following table describes the main provisions of Alabama\u2019s computer crime laws<\/a>.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\nAlabama Code Title 13A: Criminal Code, Chapter 8: Offenses Involving Theft, Article 5: Alabama Digital Crime Act<\/a><\/td>\r\n<\/tr>
What Is Prohibited?<\/b><\/td>\r\nAlabama prohibits multiple computer related crimes including:
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What Is the Penalty?<\/b><\/td>\r\nPenalties in Alabama are based on the felony or misdemeanor classification. Each class has its own sentencing ranges.
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Computer Tampering<\/u><\/p>\r\n

The standard penalty for computer tampering is a Class A misdemeanor. Class A misdemeanors can be penalized by not more than a year in jail<\/a> and a $6,000 fine<\/a>. However, the penalty is raised to a Class C felony when the crime\u2019s done to defraud or harm anyone or get any benefit unlawfully. A Class C felony is punished by between 1 and 10 years in prison<\/a> and up to a $15,000 fine<\/a>.<\/p>\r\n

The penalty also increases to a Class B felony when the damage caused is more than $2,500, the data sought is part of the Alabama Criminal Justice Information Center, or there\u2019s an interruption of government operations, public communications, transportation, or water, gas, or other utility supply. Defendants convicted of Class B felonies can be sentenced to 2-10 years in prison and up to a $30,000 fine.<\/p>\r\n

Finally, if the defendant causes physical injury to anyone during the crime or causes the victim to spend more than $100,000, then it\u2019s a Class A felony. Class A felonies are subject to 10-99 years or life imprisonment and up to a $60,000 fine.<\/p>\r\n

Other Crimes<\/u><\/p>\r\n

Both encoded data fraud and phishing<\/a> are Class C felonies punished as stated above. Note that multiple violations from the same phishing act are considered one violation.<\/p>\r\nA defendant can be prosecuted<\/a> for a computer crime and any other state laws they may have broken, such as assault in the case of the victim who\u2019s physically injured during the crime.<\/td>\r\n<\/tr>

Civil Penalties<\/b><\/td>\r\nCivil Suit
\r\n <\/u>A person who\u2019s business, web page, trademark, or internet service or an individual that\u2019s adversely affected by phishing can sue the defendant for their damages.
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\r\nInjunction
\r\n <\/u>The Attorney General<\/a> or District Attorney<\/a> can request an injunction<\/a> to permanently stop the website or other phishing device.
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\r\nCivil Fines<\/u>
\r\nThe prosecuting attorney can recover actual damages or $25,000, whatever is greater for each phishing violation. Also, if the defendant engaged in a pattern of phishing, the court can award not more than 3x the award to the person or business harmed. The proceeds of these civil fines will go to court costs, prosecution costs, as restitution<\/a> to any victims, and finally the remainder will be shared equally between the State General Fund and Office of the Attorney General or District Attorney bringing the lawsuit.
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\r\nForfeiture
\r\n <\/u>If convicted of any of these crimes, the court will order any computer, system, or software used by the defendant be forfeited<\/a> to the State and sold, destroyed, or disposed of. If the defendant is a minor, the property forfeited can belong to the parent or guardian. However, if the owner of the equipment didn\u2019t authorize these illegal actions, this forfeiture doesn\u2019t apply.
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\r\nThe court can award the property to any state, county, or city police department<\/a> who participated in the investigation or prosecution. The police department can either use the computers or equipment or transfer them to another agency to support crime prevention. They can also sell the forfeited assets, first paying the costs of the sale. Then the court distributes the remaining proceeds to participating agencies for use in law enforcement.
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\r\nAny scanning device or re-encoder<\/a> owned by the defendant and used in violation of this law can be seized and destroyed as contraband by the investigating police department.
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\r\nRestitution<\/u>
\r\nThe court can order the defendant pay the costs of prosecution, investigation, and any other costs association with the crime.<\/td>\r\n<\/tr>
Defenses<\/b><\/td>\r\nNone of the Digital Act laws are intended to prevent law enforcement, state attorneys, the FBI, CIA, etc. from conducting lawfully authorized investigations and intelligence activities<\/a>.
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\r\nIt\u2019s also a defense to computer tampering that the actions taken were committed within the scope of one\u2019s lawful employment, i.e. doing things reasonably necessary to perform your work assignment. Obviously, the janitor doesn\u2019t need to log into the CEO\u2019s computer, but the IT genius may need to figure out how to hack into an angry former employee\u2019s old work laptop.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

If you or a loved one has been charged with a computer related crime, you\u2019ll want to speak with an experienced Alabama criminal defense attorney<\/a> to determine what your options are.<\/p>\r\n

Note:<\/i><\/b> State laws are changing constantly, be sure to verify the laws you\u2019re researching.<\/i><\/p>\r\n

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