Cybercrime in Colorado

In Colorado, a variety of offenses fall under the umbrella of cybercrime or computer crimes. Cybercrimes are offenses alleged to have been committed through the use of any computing device. If you find yourself accused of a cybercrime in Colorado, it’s crucial to seek the counsel of an experienced cybercrimes attorney who is well-versed in Colorado’s specific laws regarding cybercrime. The attorneys at Rights & Liberties Law Firm are experienced cybercrime attorneys in Colorado who can help.

In Colorado, cybercrime offenses can be charged as a petty, misdemeanor, or felony depending on a variety of factors including the mental state of the accused, what crime the accused allegedly committed with the use of a computer, the value of the thing stolen with the use of a computer, and whether the computer was used to defraud.

Cybercrime is defined in Colorado’s cybercrime statute C.R.S. Section 18-5.5-102. The Colorado cybercrime statute defines cybercrime as follows:

C.R.S. Section 18-5.5-102 Colorado’s Cybercrime Statute

(1) A person commits cybercrime if the person knowingly:

(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or

(b) Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or

(c) Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or

(d) Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or

(e) Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or

(f) Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof; or

(g) Uses or causes to be used a software application that runs automated tasks over the internet to access a computer, computer network, or computer system, or any part thereof, that circumvents or disables any electronic queues, waiting periods, or other technological measure intended by the seller to limit the number of event tickets that may be purchased by any single person in an online event ticket sale as defined in section 6-1-720, C.R.S.; or

(h) Solicits or offers to arrange a situation in which a minor may engage in prostitution, by means of using a computer, computer network, computer system, or any part thereof; or

(i) Directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the payment card without the permission of the authorized user of the payment card, and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant; or

(j) Directly or indirectly uses an encoding machine to place information encoded on the payment card onto a different payment card without the permission of the authorized user of the payment card from which the information being reencoded was obtained, and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

(2) (Deleted by amendment, L. 2000, p. 695, § 8, effective July 1, 2000.)

(3)

(a) Except as provided in subsections (3)(b), (3)(b.5), and (3)(c) of this section, if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is:

(I) (Deleted by amendment, L. 2018.)

(II) Less than three hundred dollars, cybercrime is a petty offense;

(III) Three hundred dollars or more but less than one thousand dollars, cybercrime is a class 2 misdemeanor;

(IV) One thousand dollars or more but less than two thousand dollars, cybercrime is a class 1 misdemeanor;

(V) Two thousand dollars or more but less than five thousand dollars, cybercrime is a class 6 felony;

(VI) Five thousand dollars or more but less than twenty thousand dollars, cybercrime is a class 5 felony;

(VII) Twenty thousand dollars or more but less than one hundred thousand dollars, cybercrime is a class 4 felony;

(VIII) One hundred thousand dollars or more but less than one million dollars, cybercrime is a class 3 felony; and

(IX) One million dollars or more, cybercrime is a class 2 felony.

(b) Cybercrime committed in violation of subsection (1)(a) of this section is a class 2 misdemeanor.

(b.5) Cybercrime committed in violation of subsection (1)(h), (1)(i), or (1)(j) of this section is a class 5 felony.

(c)

(I) Cybercrime committed in violation of subsection (1)(g) of this section is a class 2 misdemeanor.

(II) If cybercrime is committed to obtain event tickets, each ticket purchased shall constitute a separate offense.

(III) Subsection (1)(g) of this section shall not prohibit the resale of tickets in a secondary market by a person other than the event sponsor or promoter.

(d) Consistent with section 18-1-202, a prosecution for a violation of subsection (1)(g) of this section may be tried in the county where the event has been, or will be, held.

(4) Nothing in this section precludes punishment pursuant to any other section of law.

(5) Notwithstanding any other provision of this section, an individual may authorize an agent to access and process, on that individual’s behalf, that individual’s personal data or other information held on a computer, computer network, or computer system and that is otherwise accessible to the individual. An authorized agent remains liable for any unauthorized activity on a system under applicable unfair competition laws; the federal “Computer Fraud and Abuse Act”, 18 U.S.C. sec. 1030 et seq., as amended; and other provisions of this section.

Possible Penalties for Cybercrime in Colorado

Cybercrimes can be charged as petty, misdemeanor, or felony offenses depending on a variety of factors. Regardless of which class of cybercrime is alleged, the possible penalties for a cybercrime charge are serious. They include possible fines, restitution, probation, jail, and prison followed by parole. Additionally, a cybercrime conviction can result in serious collateral consequences including employment consequences, child custody consequences, housing consequences, immigration consequences, and many other civil consequences that can flow from a cybercrime conviction.

Rights & Liberties Law Firm has assembled a possible penalties chart to help you better understand the possible penalties a person charged with cybercrime in Colorado will face.

Cybercrime Offense

Cybercrime 18-5.5-102(3)(a)(II) (less than $300)

Cybercrime 18-5.5-102(3)(a)(III) ($300-$1,000)

Cybercrime 18-5.5-102(3)(a)(IV) ($1,000-$2,000)

Cybercrime 18-5.5-102(3)(a)(V) ($2,000-$5,000)

Cybercrime 18-5.5-102(3)(a)(VI) ($5,000-$20,000)

Cybercrime 18-5.5-102(3)(a)(VII) ($20,000-$100,000)

Cybercrime 18-5.5-102(3)(a)(VIII) ($100,000-$1,000,000)

Cybercrime 18-5.5-102(3)(a)(IX) ($1,000,000 +)

Cybercrime 18-5.5-102(3)(b)

Cybercrime 18-5.5-102(3)(b.5)

Cybercrime 18-5.5-102(3)(c)(I)

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine; +
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Cybercrime Offense

Cybercrime 18-5.5-102(3)(a)(II) (less than $300)

Cybercrime 18-5.5-102(3)(a)(III) ($300-$1,000)

Cybercrime 18-5.5-102(3)(a)(IV) ($1,000-$2,000)

Cybercrime 18-5.5-102(3)(a)(V) ($2,000-$5,000)

Cybercrime 18-5.5-102(3)(a)(VI) ($5,000-$20,000)

Cybercrime 18-5.5-102(3)(a)(VII) ($20,000-$100,000)

Cybercrime 18-5.5-102(3)(a)(VIII) ($100,000-$1,000,000)

Cybercrime 18-5.5-102(3)(a)(IX) ($1,000,000 +)

Cybercrime 18-5.5-102(3)(b)

Cybercrime 18-5.5-102(3)(b.5)

Cybercrime 18-5.5-102(3)(c)(I)

Possible Penalties

Petty Offense

Up to 10 days in jail; and/or
$300 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 1 Misdemeanor

364 days jail; or
Probation;
And up to a $1,000 fine;
Restitution

Class 6 Felony

12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 4 Felony

2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
Probation; and/or
$2,000 – $500,000 fine;
Restitution

Class 3 Felony

4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$3,000 – $750,000 fine;
Restitution

Class 3 Felony (Crime of Violence)

Mandatory 10-32 years in Colorado State Prison followed by 3 years of mandatory parole;
$3,000 – $750,000 fine; +
Restitution

Class 2 felony

8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
Probation; and/or
$5,000 – $1,000,000
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

Class 5 Felony

1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
Probation; and/or
$1,000 – $100,000 fine;
Restitution

Class 2 Misdemeanor

Up to 120 days in jail; or
Probation; and/or
$750 fine;
Restitution

What is a Cybercrime in Colorado

Cybercrime is an ever-expanding category of crime that law enforcement agencies and prosecutors police. Law enforcement agents and prosecutors often cast a wide net when policing cybercrimes ensnaring individuals engaged in innocent online activity. The following are examples of cybercrimes in Colorado.

Phishing scams are instances where cyber criminals impersonate legitimate organizations to extract personal information from individuals or companies, typically through emails or malicious websites. These attempts can also be made via text messages or voicemails.

Malware, also known as malicious software, is a prevalent form of cybercrime. It encompasses various harmful software such as Trojan viruses, worms, and spyware. The introduction of malware into a network or computer system is a common tactic in phishing attacks, credential breaches, and more.

Online credential breaches involve unauthorized access to personal online credentials of employees or customers, such as usernames and passwords for different online accounts. Cyber criminals often commit these breaches with fraudulent intentions.

Credit card fraud. With the advent of online shopping, credit and debit card fraud has become increasingly common. This type of fraud involves the unauthorized use of a bank card online to purchase goods or withdraw funds from an account.

Identity theft. Another growing concern involves unauthorized access to consumers’ personally identifiable information online. This crime has become more prevalent with the increased use of computer networks and electronic data sharing.

Cyberbullying is a form of aggressive harassment that utilizes electronic technology, including cell phones, tablets, and social media platforms. It involves sending unwanted, abusive messages, sharing personal information, spreading defamatory and libelous rumors, and creating fake profiles to harm victims. If deemed a hate crime, the perpetrator could face severe penalties, including additional jail time and potential involvement of the FBI.

Cyber Fraud. This refers to any fraudulent activity that takes place online or using electronic communications, including scams, identity theft, and financial fraud.

Hacking: This is the unauthorized access to or control over computer network security systems for some illicit purpose.

Sex Crimes: These are offenses of a sexual nature that facilitated through the use of a computer devices.

Cyberstalking. This involves the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander, and libel.

Drug Trafficking: This is the illegal process of distributing, selling, or transporting unlawful controlled substances such as illegal drugs through the use of a computer device.

Online Piracy: This refers to the unauthorized use or reproduction of another’s work on the internet, such as downloading music, movies, or software without paying for it or obtaining the rights to do so.

Defenses to Cybercrime in Colorado

General Denial

The accused will be acquitted if the prosecution cannot prove every element of the cybercrime offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the cybercrime exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.

Authorization

The accused can defend against cybercrime charges by arguing that the individual was authorized to use the computer, system, or network.

Lesser Included Offense Defense

In certain circumstances, the accused can raise the defense of lesser included offense in a cybercrime case by arguing that the accused is not guilty of the more serious class of cybercrime but only guilty of the lesser class of cybercrime. For example, a person charged with a class 2 felony cybercrime who raises the lesser included offense defense may contend that the class 2 felony cybercrime was really a class 3, 4, 5, or 6 felony cybercrime. In some circumstances the accused may contend that the cybercrime offense was so lacking in seriousness as to amount to a misdemeanor cybercrime. In lesser included offense defenses, the accused admits that the cybercrime happened but challenges the severity and class of cybercrime alleged.

Lesser Non-Included Offense Defense

Lesser non-included offense defenses are somewhat novel. They often require litigation and favorable rulings from a judge before the jury can be instructed on a lesser non-included offense. The gist of a lesser non-included offense defense is that the accused admits that a crime happened but contends that the crime was not a cybercrime but rather some other type of crime altogether. This defense can significantly reduce the accused’s exposure to serious felony consequences because some of the lesser non-included offenses that an accused may raise in a criminal cybercrime case are lower level misdemeanor or even petty offenses. This defense is uncommon but in certain cases it can be successfully raised.

Mistaken Identity

Mistaken identity is a general denial defense that attacks the element of who committed the alleged cybercrime. As the prosecution is required not only to prove that the cybercrime happened, but that the person charged committed the cybercrime, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of a cybercrime case, mistaken identify defenses usually arise when the accused is arrested and charged with cybercrime after the alleged cybercrime has happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, mistaken eyewitness accounts, and in cybercrime cases poor computer forensics investigations.

Alternate Suspect

The alternate suspect defense occasionally arises in cybercrime cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the cybercrime charges. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of cybercrime by raising the possibility that another person committed the cybercrime rather than the accused. In Colorado cybercrime trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”

If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in cybercrime cases, certain circumstances will give rise to the availability of this defense.

Duress

Under Colorado’s duress statute C.R.S. 18-1-708, a person may not be convicted of an offense, other than a class 1 felony, based upon conduct in which he engaged at the direction of another person because of the use or threatened use of unlawful force upon him or upon another person, which force or threatened use thereof a reasonable person in his situation would have been unable to resist. This defense is not available when a person intentionally or recklessly places himself in a situation in which it is foreseeable that he will be subjected to such force or threatened use thereof. The choice of evils defense, provided in section 18-1-702, shall not be available to a defendant in addition to the defense of duress provided under this section unless separate facts exist which warrant its application.

Entrapment

Under Colorado’s entrapment statute, C.R.S. 18-1-709, the commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or other person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in conduct of the sort induced. Merely affording a person an opportunity to commit an offense is not entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.

Choice of Evils

Under Colorado’s choice of evils statute, C.R.S. 18-1-702 (1) conduct which would otherwise constitute an offense is justifiable and not criminal when it is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of the actor, and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

(2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. When evidence relating to the defense of justification under this section is offered by the defendant, before it is submitted for the consideration of the jury, the court shall first rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a justification.

Protected Speech

The defense of protected speech in the context of cybercrime is a complex issue that involves the intersection of First Amendment rights and the evolving landscape of digital communication. If the cybercrime charges target an individual for engaging in protected speech or expressive online conduct the accused may raise a First Amendment defense to the cybercrime charges.

Statute of Limitations for cybercrime in Colorado

In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for Colorado cybercrime crimes is as follows:

Felony cybercrime charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
Misdemeanor cybercrime charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
Petty cybercrime charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)

Contact the cybercrime attorneys at Rights & Liberties Law Firm to Fight for You Today

If you’ve been charged with a cybercrime contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence. Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:

The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
The attorneys at Rights & Liberties Law Firm will advocate for you during your bond hearing to get you released from custody on the lowest possible amount of bail or on a personal recognizance bond;
The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
If you’re up against the wall facing serious charges, jail, or prison time the attorneys at Rights & Liberties Law Firm have your back. From drug distribution and barfights to sex assaults and homicides the attorneys at Rights & Liberties Law Firm know that life gets wild and things fall apart. We’ll fight to keep your life together and advocate to ensure that you receive a non-prison sentence, or one which results in the lowest amount of prison time possible.
If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.