Before a person can be convicted of the federal crime of computer fraud — obtaining financial information, the prosecutor must prove the following three things beyond a reasonable doubt:
- The person charged intentionally accessed a computer either without authorization or in excess of the authorization give; and
- The person charged thereby obtained information contained in a financial record of a financial institution or in a financial record of the issuer of a credit card or in a file of a consumer reporting agency concerning a consumer; and
- The crime was committed for purposes of commercial advantage or private financial gain or in furtherance of any criminal or tortious act or to obtain information having a value exceeding $5,000.
More Information on Computer Crimes
- Sending Child Pornography From Your Cell Phone to Your Computer is Not Necessarily a Crime
- Entrapment and Craigslist
- Your Computer and Your Right Not to Incriminate Yourself
- When Can the Police Search Your Computer?
- Court Orders New Trial After the Jury Was Improperly Shown Pornographic Pictures From a Computer Hard Drive