{"id":371760,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-computer-crimes-laws.html"},"modified":"2018-03-15T16:32:45","modified_gmt":"2018-03-15T21:32:45","slug":"california-computer-crimes-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-computer-crimes-laws.html","title":{"rendered":"California Computer Crime Laws"},"content":{"rendered":"\n
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California Computer Crime 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

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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

Overview of California Computer Crime Laws<\/h2>\n

While many may be familiar with "hacking" from watching their favorite television shows or reading popular crime novels, a broader variety of activities may qualify as computer crimes<\/a>.To learn more about computer crimes in general, see FindLaw’s Cyber Crimes<\/a> and Online Scams<\/a> sections.<\/p>\n

California state laws include provisions intended to protect the computers, computer systems, and computer networks of individuals, businesses, and organizations across the state. California criminalizes many computer-related activities that affect the functionality, use, or confidentiality of computer data, computers, computer systems, and computer networks.<\/p>\n

An individual who accesses a computer, computer system, or computer network and alters, disrupts, deletes, destroys, or otherwise changes any part may be charged with a computer crime. The applicable type of computer crime depends on the defendant’s purpose for engaging in the unlawful access. For example, a prosecutor may need to show that the defendant wanted to execute a plan for deception, fraud, or extortion, or to take control of information, money, or property that did not belong to the defendant.<\/p>\n

Other computer crimes focus on access made to introduce a computer virus or contaminant for harmful purposes.<\/p>\n

In addition, California state laws criminalize the unauthorized taking or copying of data and information from a computer, computer system, or computer network. For example, this type of computer crime might apply to an individual who takes computerized business records from an organization or an employee who copies work product from an employer’s computer network without permission.<\/p>\n

Knowledge Requirement<\/h2>\n

For each computer crime, a prosecutor must prove that the defendant "knowingly<\/a>" engaged in the computer-related act. If the defendant performed the act accidentally, it may be more difficult to establish the elements of the charged crime. In addition, a prosecutor must show that the defendant acted without permission or authorization.<\/p>\n

California Computer Crimes Laws Overview<\/h2>\n

Below you will find key provisions of California\u2019s computer crimes laws.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

California Penal Code Section 502<\/a> et. seq. (Computer Crimes)<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

In general, computer crimes that involve unlawfully accessing, changing, or damaging a computer, computer system, or computer network may result in a fine, imprisonment, or both. The maximum fine required may range from $1,000 to $10,000. The term of imprisonment may be served in county jail or state prison and last for a term of one year, sixteen months, two years, or three years. A court might also order compensatory damages to be paid to a victim who suffered damages or losses resulting from the computer crime.<\/p>\n<\/td>\n<\/tr>

Possible Defenses <\/b><\/p>\n<\/td>\n

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  • Activity conducted within the scope of lawful employment as duties or tasks reasonably necessary to complete a work assignment<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possibility of Community Service Sentence<\/b><\/p>\n<\/td>\n