Under Virginia Law 18.2-152.4, it is unlawful for any person, with malicious intent, or through intentionally deceptive means and without authority, to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction persists;
3. Alter, disable, or erase any computer data, computer programs or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the property of another;
6. Use a computer or computer network to make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by, or produced by a computer or computer network;
8. Install or cause to be installed, or collect information through, computer software that records all or a majority of the keystrokes made on the computer of another; or
9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.
A violation of the computer trespass law is a Class 1 misdemeanor criminal offense. It is punished by up to one year in jail and a $2500.00 fine and restitution.
Felony Penalty Elevations for Computer Trespass
If there is damage to the property of another valued at $1,000 or more that was caused by the computer trespass, and done with malicious intent, the offense is elevated to a Class 6 felony. It is punished by up to 6 years in prison and a $2500.00 fine and restitution.
There is also a Class 6 felony penalty elevation when computer software is installed on more than five computers of another, with malicious intent.
And, the penalty is also elevated to a Class 6 felony when computer software that records keystrokes made on the computer of another is installed with malicious intent.
The penalty is also elevated to a Class 6 felony when the victim is a local government, Commonwealth of Virginia, or utility provider. It is punished by up to 6 years in prison and a $2500.00 fine.
Computer fraud is a relatively new type of fraud in Virginia. The law tends to lag behind technological developments, so the law punishing use of computer technology to commit fraud is in a very simple stage right now. Virginia adopted what is called the Virginia Computer Crimes Act to punish various criminal abuse of computer technology. Simply, the fraud law reads: Any person who uses a computer or computer network, without authority and:
1. Obtains property or services by false pretenses;
2. Embezzles or commits larceny; or
3. Converts the property of another;
– is guilty of the crime of computer fraud.
If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor. What’s important to notice here is that non-computer grand larceny of items worth over $200.00 is punishable by a Class 6 felony. Using a computer to commit grand larceny enhances punishment for that larceny.
The Virginia Computer Crimes Acts has a list of computer property that is capable of embezzlement. The following property is listed under Virginia VA Code Section 18.2-152.8:
1. Computers and computer networks;
2. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are: (a) Tangible or intangible; (b) In a format readable by humans or by a computer; (c) In transit between computers or within a computer network or between any devices which comprise a computer; or (d) Located on any paper or in any device on which it is stored by a computer or by a human; and
3. Computer services.
§ 18.2-152.7:1. Harassment by computer; penalty.
§ 18.2-152.7:2. Using computer to commit a scheme involving false representations; penalty.
Federal Cyber Crime Defense Attorney Explains Computer Crime & Hacker Charges in the Federal United States District Court in Alexandria Virginia 18 U.S.C. § 1030
Federal Cyber Crime Federal cyber crimes and computer crimes generally consist of cyber attacks and hacking, even Anonymous “hacktivist” activity. Most computer crimes are Federal jurisdiction due to the interstate nature of the hacking activity and server location. Some computer crimes are Federal in nature due to the Federal government [...]
Marina Medvin to Forbes: Julian Assange Can Expect The Full 5 Years In An American Jail—Here’s Why
Published on Apr 12, 2019 on Forbes.com. Julian Assange Can Expect The Full 5 Years In An American Jail—Here’s Why Thomas Brewster Julian Assange is facing extradition to the U.S., where lawyers predict he’ll be dealt with harshly.Jack Taylor/Getty Images Julian Assange should be prepared not only to be extradited [...]
WikiLeaks Source Hacking Conspiracy Targeting Senior U.S. Officials, Unauthorized Access to Government Computer Systems & Online Accounts Sentenced to 5 Years
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA, VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: A 22-year-old young man prosecuted under the Federal Computer Fraud and Abuse Act for conspiring via private chats and Twitter to gain unauthorized access to United States government computer systems and online accounts belonging [...]
Forbes Interview with Attorney Marina Medvin – “Feds Want 15 Full Google, Microsoft And Yahoo Email Accounts — Judge Says No Way”
This article is reposted from FORBES in the same manner as it appears on their site. JUL 18, 2017 @ 08:25 AM Feds Want 15 Full Google, Microsoft And Yahoo Email Accounts — Judge Says No Way Some judges really do stand up for individuals’ online privacy. In Alabama, a [...]
Forbes Interview with Attorney Marina Medvin: “Here’s Why Feds Are Winning The Fight To Grab iPhone Passcodes And Fingerprints”
This article is reposted from FORBES in the same manner as it appears on their site. DEC 13, 2016 @ 03:50 PM Here’s Why Feds Are Winning The Fight To Grab iPhone Passcodes And Fingerprints by: Thomas Fox-Brewster There’s mounting evidence showing the government is winning in its fight to [...]
Forbes Interview with Marina Medvin: “Cops Could Force Unlock Androids By Demanding Owner Says ‘OK Google'”
This article is reposted from FORBES in the same manner as it appears on their site. NOV 2, 2016 @ 10:30 AM Cops Could Force Unlock Androids By Demanding Owner Says ‘OK Google’ by: Thomas Fox-Brewster With its Pixel smartphone, Google has decided to turn on a smart, seemingly-innocuous feature [...]
Forbes Interview with Marina Medvin: “Feds Walk Into A Building. Demand Everyone’s Fingerprints To Open Phones”
This article is reposted from FORBES in the same manner as it appears on their site. OCT 16, 2016 @ 12:30 PM Feds Walk Into A Building. Demand Everyone’s Fingerprints To Open Phones by: Thomas Fox-Brewster In what’s believed to be an unprecedented attempt to bypass the security of Apple [...]
Virginia Teen Accused of Felony Sexting Distribution of Child Pornography Charges Results in Government’s Non-Prosecution
ARLINGTON VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Attorney representation during an Arlington County / City of Falls Church Police, and concurrent Federal investigation, of teenage “sexting” and distribution of child pornography charges – for teen sending nude photos via mobile devices and computers – resulted in promise from the Government for [...]
Forbes Interview with Marina Medvin: “LAPD Warrant Lets Cops Open Apple iPhone With Owner’s Fingerprints”
This article is reposted from FORBES in the same manner as it appears on their site. MAR 31, 2016 @ 06:00 AM 11,398 VIEWS LAPD Warrant Lets Cops Open Apple iPhone With Owner’s Fingerprints By: Thomas Fox-Brewster “I cover crime, privacy and security in digital and physical forms.” As CEO [...]
Forbes Interview with Marina Medvin: “FBI Can Use Dead Suspects’ Fingerprints To Open iPhones — It Might Be Cops’ Best Bet”
This article is reposted from FORBES in the same manner as it appears on their site. FEB 18, 2016 @ 09:40 AM 178,647 VIEWS FBI Can Use Dead Suspects’ Fingerprints To Open iPhones — It Might Be Cops’ Best Bet By: Thomas Fox-Brewster ,FORBES STAFF “I cover crime, privacy and [...]
Huffington Post Interview with Marina Medvin: “Teens Who Take Nude Photos Of Themselves Can Still Be Treated As Sex Offenders”
The falling story appeared in the Huffington Post and is presented as it appears on their web site: Teens Who Take Nude Photos Of Themselves Can Still Be Treated As Sex Offenders In many states, they don’t have to share the photo to break the law. 09/09/2015 05:15 pm ET [...]
Keeping a Bawdy Place Charge DROPPED at First Hearing in Alexandria Virginia
ALEXANDRIA VIRGINIA CRIMINAL DEFENSE ATTORNEY RESULT: Misdemeanor charge under Va Code 18.2-347 for Keeping or Frequenting a Bawdy Place, after related online prostitution advertising investigation, was DISMISSED at the first court date. City of Alexandria General District Court, 520 King Street, Alexandria Virginia 22314. § 18.2-347. Keeping, residing in or [...]
ANONYMOUS DDoS Attack Felony DISMISSED, No Jail Time Ordered on Misdemeanor Charge of Conspiracy to Intentionally Cause Damage to a Protected Computer
MEDVIN LAW PLC principal attorney Marina Medvin represented a member of the Anonymous online activist “hactivist” group that was indicted for Felony Conspiracy charges for participation in the DDoS attacks termed as “Operation Payback.” This case has been ongoing since 2010 and has only begun to conclude in 2015. 13 [...]
Felony Sex Offense in Virginia – Crimes Against Nature Charge Results in NO JAIL TIME
VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Class 6 Felony Attempted Crimes Against Nature charge for attempted bestiality resulted in a probation sentence, with no active jail time. § 18.2-361. Crimes against nature; penalty. A. If any person carnally knows in any manner any brute animal, or carnally knows any male [...]
FBI 10 Most Wanted will serve Fewer than 5 Years for Conspiracy to Commit Bank Fraud, Conspiracy to Commit Money Laundering & Computer Fraud in Alexandria Virginia
Attorney’s Case Result for the Federal Courthouse in Alexandria in the UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA IN ALEXANDRIA: Client Tobechi Onwuhara was placed on the FBI 10 Most Wanted List for Cyber Crime for a number of years. He was indicted for 14 various Federal [...]
High-Profile Federal Wire Fraud & Money Laundering Conspiracy Case in Alexandria Sentenced BELOW Guidelines
ALEXANDRIA, VIRGINIA: Client was charged with Federal Wire Fraud (18 USC 1343) and Conspiracy to Commit Money Laundering (18 USC 1956), which carried a sentencing guidelines range of 41 to 51 months of incarceration. The United States Attorney argued for 48 months of incarceration. The final judgement resulted in a [...]