Using a Computer or Internet to Commit a Crime
Computer crimes in Michigan are on the rise. Pursuant to MCL 750.145d, most computer crimes are charged as felonies and the penalties associated with computer crimes are severe.
ABDO LAW is seeing additional criminal charges, as well as criminal charges for the underlying intended offense, for those who use a computer to commit a crime such as:
- Criminal sexual conduct
- Credit card fraud
- Prostitution or solicitation of prostitute
- Solicitation of a minor (under age 16) to commit an immoral act
- Child pornography (sexually abusive activity or material)
- False Threat of Terrorism
A computer is broadly defined to include wired and wireless devices including cellular phones capable of being connected with other computers or networks.Some Facts About Computer Crimes
- The court may order that a term of imprisonment imposed under this section be served consecutively (as opposed to concurrent) to any term of imprisonment imposed for conviction of the underlying offense.
- A person may be convicted of the underlying offense (such as a sex crime, stalking fraud, embezzlement or prostitution) in addition to using a computer a computer to commit a crime.
- A violation of using a computer to commit crime may be prosecuted pursuant to Michigan law if the communication originates in Michigan, is intended to terminate in this state, or is intended to terminate with a person who is in this state.
- A violation or attempted violation of using a computer to commit a crime may be prosecuted in any jurisdiction in which the communication originated or terminated.
The penalty which may be imposed for using a computer to commit a crime will depend upon the penalty for the underlying crime which was intended by the perpetrator.
|Max penalty for underlying Crime||Max penalty for using computer|
|Under 1 year (misdemeanor)||1 year|
|Computer fraud $1,000 to $20,000.00||5 years|
|Computer fraud $20,000.00 or more||10 years|
|Unlawfully accessing a computer||5 years|
|Crime punishable by more than 1 year but less than 2 years||2 years|
|Crime punishable by 2 years but less than 4 years||4 years|
|Crime punishable by 4 years but less than 10 years||7 years|
|Crime punishable by 10 years but less but less than 20 years||10 years|
|Crime punishable by 20 years up to life||20 years|
An offender who is placed in the system for using a computer to commit a crime faces jail and may be ordered to refrain from using a computer while on probation!We Will Take Immediate Action to Fight for Your Rights
Contact ABDO LAW if you are being investigated or charged with a computer crime. We are a proactive law firm that has more than 30 years of experience and the highest legal rating possible. As we have stated throughout our website, we attempt to avert a conviction whenever possible. When faced with 2 felonies where 1 involves a computer, we may attempt to get the charges reduced to a misdemeanor, obtain a plea with a delayed sentence (with the component of a dismissal at the end of the delayed period) or seek a plea bargain to an eligible offense which will allow the offender to seek an expungement after the statutory period.
The ABDO LAW FIRM believes that your rights matter! Let our firm help protect you!
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