All violations of the Oklahoma Computer Crimes Act in Tulsa can carry fines or jail time. All violations must be willful and without authorization, and apply to computers, computer systems, and networks.
Proof that any person has accessed, damaged, disrupted, deleted, modified, altered, destroyed, caused to be accessed, copied, disclosed or taken possession of a computer, computer system, computer network, or any other property, or has attempted to perform any of many enumerated acts without authorization or exceeding the limits of authorization, shall be evidence of the willful violation of the Oklahoma Computer Crimes Act. Okla. Stat. tit. 21 § 1954
In Tulsa, some violations of the Oklahoma Computer Crimes Act are misdemeanor crimes, but most of the violations are felony offenses.
FAQ: Oklahoma Computer Crimes Act Violations
Misdemeanor offenses include:
- Gaining or attempting to gain access a computer, system or network without authorization with the intent to damage, delete, destroy, modify, alter, copy, disclose, or take possession;
- Using or allowing the use of a computer service without authorization;
- Using a computer, computer system, or computer network to abuse, threaten, harass, or annoy another individual.
Felony violations of the Oklahoma Computer Crimes Act include:
- Internet fraud or use with the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort, or for the purpose of controlling or obtaining money, property, services, or other thing of value by means of a false or fraudulent pretense or representation;
- Assisting in providing a means of accessing a computer;
- Computer sexual exploitation;
- Copyright violations such as illegally downloading music;
- Hacking or disrupting or causing the disruption of computer services or denying access to an authorized user by the development and distribution of viruses, spyware, and malware;
- Using a computer to put another person in fear of physical harm or death.
OUJI-CR 5-130
Penalties Under the Oklahoma Computer Crimes Act
Conviction of a misdemeanor computer crime in Tulsa is punishable by up to 30 days in jail and up to $5,000 in fines.
Oklahoma computer crime felonies are punishable by up to 10 years in jail and fines between $5,000 and $100,000. In addition, those convicted can be subject to civil liability for compensatory damages and attorneys’ fees. Okla. Stat. tit. 21 § 1955
Storing, communicating, and retrieving data for the purpose of using the access to violate the statute is a felony crime. This is punishable by up to five years in prison, a fine of up to $5,000, or both. Okla. Stat. tit. 21 § 1953
Free Consultation: Tulsa Criminal Defense Attorney
If you or someone you know is accused of violating the Oklahoma Computer Crimes Act, please contact a Tulsa criminal defense attorney to discuss your available legal options.
Consult with an experienced attorney at Wirth Law Office – Tulsa today by calling 918-756-9600 or toll free at 1-888-447-7262.
You can also send a question or brief message through this website.