Computer fraud using a computer to defraud or obtain money or property under false pretenses or misrepresentations.

• Listing something for sale on Craiglist, accepting payment for it, but never delivering the item.

• Using a computer to get people to sign up for something that does not exist.

Penalties:

The penalties for computer fraud depend on the amount of money involved with the fraud.

• Under $200: up to 93 days in jail and/or $500

• $200-$1,000: up to 1 year in jail and/or $2,000

• $1,000-$20,000: up to 5 years and/or $10,000

• $20,000 or more: up to 10 years and/or 3 times the amount of the fraud

Defenses:

Jury Instruction

• The defendant is charged with the crime of accessing a computer with the intent to defraud. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

• First, that the defendant accessed a [computer / computer program / computer system / computer network]. 

• Second, that the defendant did so intentionally. 

• Third, that the defendant did so for the purpose of devising or executing a scheme or plan to obtain [money / property / service] by a false or fraudulent [pretense / representation / promise]. 

• Fourth, that the defendant's acts directly or indirectly caused an aggregate loss of 

• $20,000 or more.

or

• $1,000 or more, but less than $20,000.

or

• $200 or more, but less than $1,000.

or

• some amount less than $200.

Related Topics

• Internet Stalking

• Use of the Internet to Commit a Crime

• Computer Fraud

• Solicitation of a Minor

• Identity Theft