A.R.S. § 13-2316: Computer Tampering

A.R.S. § 13-2008: Identity Theft

The Covid-19 pandemic has created opportunities for an increase in certain types of crime. One specific instance has been the increase of computer crimes relating to computer fraud and identity theft. News stories have detailed how some have capitalized on the stimulus checks and unemployment benefits to defraud others of money.

What is Computer Fraud?

Computer fraud is explained in A.R.S. § 13-2316 and lists all the ways a person can commit computer tampering. The statute punishes the following:

A. An individual who acts without permission or goes beyond authorized use commits computer tampering when the individual:

1. Accesses, alters, damages, or destroys a computer system with the intent to commit or execute any scheme to defraud or take control of property or services by means of false promises or pretenses. This is a class 3 felony.
2. Knowingly alters, damages, deletes or destroys computer programs or data. This is a class 4 felony.
3. Knowingly spreads a computer virus into any computer, computer system, or network. This is a class 4 felony.
4. Recklessly denies access of a computer system to an authorized individual, or attempts to disrupt the computer system. This is a class 4 felony.
5. Recklessly uses a computer, computer system, or network with the intent to engage in a scheme which torments, threatens, or terrorizes another person. This is a class 5 felony. This conduct must both:
   I. Cause a reasonable person to suffer substantial emotional distress.
   II. Serve no legitimate purpose.
6. Prevents another computer from exiting a website in order to compel the computer to continue communicating with it. Sentencing depends on the circumstances.
7. Knowingly obtains any information that is required by law to be kept confidential or any records that are not public records by accessing any computer, computer system, or network that is operated by this state, a political subdivision of this state, a health care provider, a clinical laboratory, or a person or entity that provides services on behalf of a health care provider or a clinical laboratory. This is class 6 felony.
8. Knowingly accesses any computer, computer system, network, or any computer software, program, or data that is contained in a computer, computer system, or network. This is a class 6 felony.

Computer Tampering Simplified

While the statute can get confusing and very detailed, the most common form of computer tampering is known as hacking or phishing. Hacking is known as unlawful or unauthorized access into another person’s computer, system, or network. Phishing is the process of obtaining sensitive information through fraudulent sites. Sometimes phishers will send fictitious emails that will request a person to enter their personal and financial information. In instances of coronavirus, potential scammers send emails with links to false sites that will steal their information. Most of the time, the hacking or phishing attempt is made in order to obtain financial information for a monetary award. This can occur by obtaining stolen credit card information and using it or selling it to others online.

Identity Theft

In Arizona, identity theft is governed by A.R.S. § 13-2008, and has three main elements that the State must prove beyond a reasonable doubt before a guilty verdict can be secured. These elements are:

1. The person has knowingly taken, purchased, manufactured, recorded, possessed or used any personal identifying information of another person;
2. Without the consent of that person; and
3. With the intent to obtain, use, sell or transfer the other person's identity for any unlawful purpose, to obtain employment, or to cause loss to a person, regardless of whether the person actually suffered a loss.

Fraud Scheme

Typically, any time someone is charged with fraud they will also be charged with a separate crime known as fraud scheme. This is a broad charge defined in Arizona Statute § 13-2310 and requires three things: (1) knowingly obtaining any benefit (2) by false or fraudulent pretenses, promises, or material omissions (3) pursuant to a scheme or artifice to defraud. A “scheme or artifice” is defined as some plan, device, or trick to perpetrate a fraud. So, when an individual plans or prepares a way to defraud a person or system by false or incorrect information and receives any benefit, whether financial, physical, or any other kind, they will be charged with fraud scheme. This is particularly concerning because fraud scheme receives harsher penalties and is classified as a class two felony. Even more concerning, if the individual is found to have defrauded more than $100,000 through the scheme, they can be hit with super fraud scheme that has even more severe penalties.

Computer Crimes during Covid-19

The coronavirus pandemic has created new and unique opportunities for individuals to potentially scam others out of money. An AZ Business Magazine article reported that Arizona was the 16th most targeted state for coronavirus scams. There, it listed common online shopping scams and potential check scams with the stimulus payment. At the beginning of the pandemic, getting groceries was difficult and many people stocked up in bulk on important items, namely toilet paper. The AZ Business Magazine warned people to be aware of price gouging scams, undelivered goods scams, shipping time-limit scam, and free groceries scam. It also warned others of common scams that occurred in the first round of stimulus checks to be on the lookout for the potential second round of stimulus checks later this year. With the first stimulus check, common scams included robocall check scams, email and test scams, identity theft scams, and google search scams. For the robocall check scam, a caller would pretend to be the IRS and ask for personal information claiming it is needed to send the stimulus check. The caller would then use that information to claim the person’s stimulus check for themselves. This was similar to the other identity theft scams where personal information was stolen and used to steal others stimulus checks. In email and text scams, an email or text is sent with a faulty link the person needs to click to receive the check. The link would allow the group to install malware and steal sensitive information. The google search scam saw fake websites create copies of the IRS tool that tracked the stimulus payment. Individuals would go to these faulty websites and enter personal information that would alter be used to defraud. FOX 10 News Phoenix also reported accounts of counterfeit checks that were also used by potential scammers. These instances show the crossover of computer crimes and identity theft. The individual will be charged with computer fraud if they tried to introduce malware onto another’s computer through a faulty link or website or if they hack into the other person’s computer. The person that visits these websites will then provide their personal information, such as name, date of birth, address, phone number, and social security number. When fraudster uses this stolen information to claim the person’s stimulus check they will then be charged with identity theft. AZ Family has reported that the Attorney General Office has created a new task force in order to combat these new fraud schemes related to the coronavirus. The Arizona Attorney General Office is responsible for responding to potential scams, investigating them, and prosecuting them. The website lists information regarding potential scams and directs people on how to file consumer complaints if they feel they have been defrauded money.

If Facing Criminal Accusations, Call Today

Because of the nature of these charges, crimes involving computers can often times be confusing and it can be difficult to understand the evidence and charges against you. At Chandler Criminal Lawyer, the most competent lawyers are available to help you understand the nature of these charges and can help you navigate the legal system to ensure you receive justice. Whether it is challenging evidence or guiding you throughout the process, the dedicated and knowledgeable Chandler Criminal Lawyer team can help you with your case today.