The Greenville, SC computer and cyber crime lawyers of Bannister, Wyatt & Stalvey, LLC aggressively defend the rights of those charged with computer crimes. If you are accused of a computer crime, contact us for immediate assistance.
Defense Lawyers for Computer and Cyber Crimes in Greenville, SC
When you need a criminal defense lawyer for computer and cyber crimes in Greenville, SC, contact us.
We are experienced and knowledgeable, and we believe that everyone deserves a strong defense. Our team represents you in all aspects of your case, including court appearances, fighting the charges against you.
South Carolina Computer Crimes
S.C. Code Title 16, Chapter 16 is the South Carolina Computer Crime Act.
What is computer crime in South Carolina?
A person is guilty of computer crime if they:
- Willfully, knowingly and maliciously, without authorization or for an unauthorized purpose, access a computer for the purpose of fraud, obtaining something of value by false pretenses, or to commit any other crime, OR
- Destroy, modify or alter a computer, a computer system or computer data
A computer crime is using a computer to defraud, steal or commit a crime. Alternatively, it is computer tampering – accessing a computer to destroy or modify the computer or information.
Computer crime in the first degree – S.C. Code § 16-16-20(2)
Computer crime in the first degree involves a gain from the offense or loss to the victim exceeding $10,000.
Penalty: Felony, up to five years in prison, and a fine of up to $50,000.
Computer crime in the second degree – S.C. Code § 16-16-20(3)
Computer crime in the second degree involves a gain from the offense or loss to the victim of $1,000–$10,000.
Depriving the owner of possession of a computer or interfering with any computer or network services is also a computer crime in the second degree.
Penalty, first offense: Misdemeanor, up to one year in prison, and a fine up to $10,000.
Second or subsequent offense: Misdemeanor, up to two years in prison and a fine up to $20,000.
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Computer crime in the third degree – S.C. Code § 16-16-20(4)
Computer crime in the third degree involves a gain from the offense or loss to the victim of up to $1,000.
Computer hacking is also a computer crime in the third degree.
Penalty, first offense: Misdemeanor, up to 30 days in jail and a fine up to $200.
Penalty, second or subsequent offense: Misdemeanor, up to two years in prison and a fine up to $2,000.
What counts as a computer for the purposes of South Carolina computer crimes?
For the South Carolina Computer Crime Act, a computer is any device that performs logical, arithmetic and memory functions. It may include:
- Desktops
- Laptops
- Notebooks
- Workstations
- Phones, iPhones
- Handheld computers
- Routers and switches
- Data acquisition systems
The definition of computer for the purposes of computer crimes is broad.
Defenses to Computer Crimes in South Carolina
Possible defenses to computer crimes in South Carolina include:
- You did not act knowingly or willfully
- The owner gave permission for you to use the computer
- Prosecution is occurring in a jurisdiction without authority
- You are not the person who accessed the computer
- There is no monetary benefit or loss, or it occurred in a lower amount than alleged
- Chain of custody of evidence is compromised, the police made errors in storing evidence
- Violation of your rights in search and seizure, entrapment
Talk to a Computer and Cyber Crime Lawyer
As Greenville cyber crime lawyers, we will explore every possible defense and pursue your rights.
If you are charged with a computer or cyber crime, contact the Bannister, Wyatt & Stalvey, LLC attorneys. A skilled criminal defense lawyer is the most valuable tool that you can employ when you are accused of any offense. When you are facing serious consequences, our legal team is here to defend you.
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Computer and Cyber Crime FAQs
What are cyber crimes in South Carolina?
A cyber crime in South Carolina is a crime that involves a computer, whether or not it is part of a network. S.C. Code § 16-16-10(b) defines a computer network as the interconnection of two or more computers and devices including facilities that connect computers.
Can you be charged with state and federal cyber crimes?
There are both state and federal cyber crimes. 18 U.S.C. § 1030 is the U.S. Computer Fraud and Abuse Act. The law is a cyber security law, prohibiting trespassing, fraud, viruses and other forms of cyber attacks. You may face charges under state and federal law.
What is internet crime in South Carolina?
Many internet crimes in South Carolina are charged as a violation of S.C. Code § 16-16-20, the computer crime law. However, you may also be charged with any related offenses, like stalking, solicitation of a minor or financial fraud.
