If the state satisfies its proof burden and secures a conviction, the trial judge
will then, as a rule, impose sentence. The judges sentencing discretion may be
subject to:
Federal Sentencing Guidelines: Since 1987, all federal judges have been
bound by guidelines that determine the range of permissible sentences for a given
crime, as well as the weight to be given aggravating factors (e.g., use of a firearm in
the commission of the crime) and mitigating factors (e.g., cooperation with the
police).
Three Strikes Laws: Many states and the federal government have enacted
career criminal statutes (commonly known as three strikes laws) that require
stiffer sentencing of defendants who have prior felony convictions.
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Cyber Theft
Cyber Theft: The National Information Infrastructure Protection Act of 1996
makes it illegal to access or to attempt to access a computer online, without authority,
in order to obtain classified, restricted, or protected data, such as financial, credit, or
medical records, legal, military, or national security files, and other confidential
information stored in government or private computers. Examples of cyber theft
include:
Financial Crimes: Using computers to fraudulently conduct financial
transactions;
Identity Theft: Stealing another persons identifying information (e.g., Social
Security number, name, date of birth) in order to access the victims financial
resources; and
Hacking: Gaining access to anothers computer or computerized information
without permission.
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Other Cyber Crimes
Cyber Stalking: The stalking laws enacted by many states require physical
proximity to the victim; and, therefore, do not address using the Internet to stalk
victims. Consequently, more than three-fourths of all states have enacted new statutes
to specifically address cyber stalking. It is also a federal crime to use the wires (and
mail) to harass someone.
Stalking: Harassing or following a person while making a credible threat
that causes the victim to be in reasonable fear of her safety or the safety of her
immediate family.
Cyber Terrorism: Using a computer to damage, alter, disrupt, or shut down or
to threaten to damage, alter, disrupt, or shut down a critical computer system, such as
the FAA air traffic control system, the regional power grid, the Federal Reserve check
clearing system, or to commit industrial or military espionage going beyond mere
theft or sabotage going beyond mere vandalism.
Vandalism and Destructive Programming: Intentional destruction of computer
hardware or software, including programming of computer viruses.
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Prosecuting Cyber Crimes
Because committing cyber crime in a jurisdiction does not require the
criminal to be physically present in the jurisdiction, and because of the high degree of
anonymity that goes along with activity over the Internet, police and prosecutors have
difficulty applying existing property-based criminal law to crimes committed over the
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The Computer Fraud and Abuse Act of 1984 (as amended by the National
Information Infrastructure Protection Act of 1996) subjects a person who accesses or
attempts to access a computer online, without authority, to obtain classified, restricted,
or protected data including financial and credit records, medical records, legal files,
and other confidential or sensitive data to criminal prosecution.
The federal wire fraud statute, the Economic Espionage Act, RICO, the
Electronic Funds Transfer Act, the Anticounterfeiting Consumer Protection Act, and
the National Stolen Property Act also apply to crimes committed in cyberspace. -
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