While technology has transformed the world, it has also created additional opportunities for criminals to commit fraud and take advantage of others. Cybercrimes in Indiana are taken seriously. If you have been accused of a cybercrime, you could be facing harsh criminal penalties. Building a powerful criminal defense strategy may be one of your best options if you hope to avoid a conviction and get back to your family sooner. Here is more about some of the most common types of cybercrimes seen in Indiana and what to expect if you are convicted.
Examples of Cybercrimes in Indiana
There are several types of cybercrimes you could be facing under Indiana law. Some of the most common computer and Internet offenses include:
- Cyberstalking
- Identity theft under Indiana Code § 35-43-5-3.5
- Phishing under S.472
- Hacking under Indiana Code §35-43-2-3
Defendants could also be accused of falsifying email source information, hacking into secure networks, corrupting data or programs, or using a computer to defraud someone else. Depending on the circumstances of your case, your charges could be classified at the misdemeanor or felony level.
Indiana Laws Against Cybercrimes
Indiana state law takes cybercrimes seriously. There are several legal statutes designed to protect those from fraud and corruption, including:
- Anti-harassment statutes prohibit people from using electronic platforms to alarm, intimidate, annoy, or harass per Indiana Code § 35-45-10-2.
- The Indiana Computer Crimes Act, which defines specific cybercrimes.
- Indiana’s revenge porn laws under Indiana Code 35-45-4-8 which prohibit individuals from sharing intimate videos or images without the subject’s consent.
- The Data Breach Notification Act, which requires companies to notify individuals when they have been affected by a data breach.
- The Identity Deception Statute, which prohibits individuals from impersonating others with the intent to commit a crime or harm someone else.
You Could Be Charged With a Federal Cybercrime
The type of cybercrime you are accused of committing, the number of alleged victims, whether the crime occurs across state lines, and other factors will all be taken into account to determine whether your charges should be elevated to the federal level. If you are in violation of the Electronic Communications Privacy Act or the Computer Fraud and Abuse Act, your case could be handled by the US Federal Bureau of Investigation (FBI).
Consequences Of a Cybercrime Conviction
The type of cybercrime you are accused of committing will determine the severity of your charges. Some cybercrimes are wobblers and can be charged as misdemeanors or felonies. However, many crimes involving technology are charged as misdemeanors. If you are convicted of a Class A misdemeanor, for example, you could be ordered to pay fines as high as $5,000, complete community service, pay restitution to any alleged victims in your case, and spend up to one year in jail.
However, the consequences will be much higher if you are charged with a felony. For instance, if you are convicted of a Level Three felony cybercrime, you could be fined up to $10,000 and spend as much as 16 years in an Indiana state prison. These convictions will remain on your record even after you have completed your sentence. The collateral consequences will continue to impact your ability to get back to your life. Clearing your name of the cybercrime allegations against you should be a top priority if you hope to avoid a devastating guilty verdict.