{"id":377194,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-computer-crimes-laws.html"},"modified":"2017-10-26T14:41:41","modified_gmt":"2017-10-26T19:41:41","slug":"west-virginia-computer-crimes-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-computer-crimes-laws.html","title":{"rendered":"West Virginia Computer Crimes Laws"},"content":{"rendered":"\n
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West Virginia 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

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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

Computers and other technology are working their way into our everyday work and personal lives, from saving work files or family photos in \u201cthe cloud\u201d to online banking. With these changes, computer crimes<\/a> have become an increasing concern. Most U.S. states have enacted laws to address computer and internet-based crimes, such as online scams<\/a> or cyberbullying<\/a>. West Virginia has also adopted such laws to catch criminals, no matter what their preferred area.<\/p>\n

West Virginia Computer Crimes<\/h2>\n

The following table briefly explains the computer crime laws<\/a> in West Virginia.<\/p>\n\n
Code Sections<\/b><\/td>\nWest Virginia Code Chapter 61: Crimes, Article 3C: West Virginia Computer Crime and Abuse Act<\/a><\/td>\n<\/tr>
What\u2019s Prohibited?<\/b><\/td>\nWest Virginia law prohibits all of the following computer crimes:
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Penalty<\/b><\/td>\nThe penalties are specific to the crime, as follows:
Mental State Required for Prosecution<\/b><\/td>\nUsually, the defendant must commit the computer crime knowingly and willfully<\/a>. You can\u2019t just have accidentally destroyed the computer by spilling a coffee on it.<\/td>\n<\/tr>
Defenses<\/b><\/td>\nAny general defenses<\/a>, such as innocence, could apply to a computer crime. In addition, the statute provides it\u2019s a defense<\/a> that the defendant had reasonable grounds to believe he or she had the right to access, alter, copy, or disclose computer or its data, programs, or accessories.<\/td>\n<\/tr>
Attempt<\/b><\/td>\nAttempting to commit a computer crime is still illegal.<\/td>\n<\/tr>
Civil Lawsuits<\/b><\/td>\nAn individual whose property or person has been injured by a computer crime can sue in civil court<\/a> for compensatory damages (including lost profits), punitive damages (to penalize the wrongdoer), injunctive relief, or other appropriate remedies. The proceedings can be held in a way to protect the secrecy and security of the computer network, data, or programs or trade secrets<\/a>.
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\nYou must sue within five years<\/a> of the crime or two years after discovering or should reasonably have discovered the violation.<\/td>\n<\/tr><\/tbody><\/table>\n

If you\u2019re facing computer-related crime charges, you should immediately consult with an experienced West Virginia criminal defense lawyer<\/a>.<\/p>\n

Note:<\/i><\/b> State laws change frequently. Conduct your own legal research or contact a knowledgeable attorney to verify these computer crime laws.<\/i><\/p>\n

Research the Law<\/h2>\n