Telephone/Computer Crimes

Question 1

Venue for Computer Crimes (Where can the case be tried?)

Answer 1

• Where any act was performed
• Where the owner has their principal place of business
• Where the offender has control/possession of proceeds
• Where access was made
• Where the offender resides
• Where the computer used was located at the time of the offense

Question 2

Venue for Telephone Crimes (Where can the case be tried?)

Answer 2

Where the call was placed
OR where the call was received

Question 3

Crime: Computer Fraud

Answer 3

Using a computer without authority (or exceeding authority) to:
* Obtain property or services by false pretenses
* Embezzle or commit larceny
* Convert the property of another .

Requires using the computer as a computer (not just as a physical object). Ex: Logging into someone’s account to transfer money

Question 4

Definition: “Person” (Computer Crimes)

Answer 4

Individual, partnership, association, corporation, or joint venture.

Question 5

Definition: “Computer” (Computer Crimes)

Answer 5

A device that accepts digital/similar info and manipulates it based on instructions. Includes phones, gaming systems, smart devices. Excludes: simple calculators, typewriters, fax machines, highly specialized single-task devices.

Question 6

Definition: “Property” (Computer Fraud)

Answer 6

Includes real property, computer services, and computer systems.

Question 7

Transmission of Unsolicited Commercial Electronic Mail (SPAM

Answer 7

Using a computer with intent to falsify or forge email transmission info (e.g., false routing, concealing identity) OR selling software for that purpose.

Key elements:
* Must be commercial/business related (intent to profit).
* Must involve deceit about the origin/sender.
* Doesn’t apply if there’s an existing business/personal relationship (e.g., emails after signing up).

Question 8

Computer Trespass (Hacking Statute)

Answer 8

Requires malicious intent or intentional deception to unlawfully:
* Remove, disable, erase, or alter computer data/programs.
* Cause a computer to malfunction.
* Cause physical injury to property via computer.
* Make unauthorized copies.
* Track keystrokes.
* Install software to take control or disrupt data sharing.

Question 9

Computer Invasion of Privacy (“Nosey Nelly” Statute)

Answer 9

Intentionally using a computer to examine without authority specific types of personal information: employment, financial, medical, or identifying info (SSN, DL#, bank acct#, CC#, passwords).

“Examines” means reviewing info after knowing you lack authority. Common Ex: Snooping in official databases like VCIN or eMag

Question 10

Using a Computer to Gather Identifying Information

Answer 10

A non-law enforcement officer using trickery or deception via computer specifically to obtain identifying information about someone. Focus is on the acquisition of info through deceit.

Question 11

Theft of Computer Services

Answer 11

Willfully obtaining computer services without authority. Classic Ex: Using a neighbor’s unsecured WiFi network.

Question 12

Personal Trespass by Computer

Answer 12

Using a computer to cause physical injury to a person. Ex: Hacking a medical device like a pacemaker or hospital equipment.

Question 13

Harassment By Computer

Answer 13

• Using a computer to communicate:
• Obscene, vulgar, profane, lewd language.
• Suggestions/proposals of an obscene nature.
• Threats of any illegal or immoral act.

Focus is on obscenity (high bar) or threat of an illegal act. Distinguish threats from mere insults (see notes for examples).

Question 14

Obscenity/Threat By Telephone (18.2-427)

Answer 14

Using a telephone to communicate:
* Obscene, vulgar, profane, lewd language.
* Suggestions/proposals of an obscene nature.
* Threats of any illegal or immoral act. Focus is on obscenity (high bar) or threat of an illegal act. Similar language to Harassment by Computer.

Question 15

Giving False Information to Another by Telephone (18.2-428)

Answer 15

Maliciously advising or informing someone about the death, accident, injury, illness, or disappearance of a third person, knowing the information is false.

• Must be about a person, not property or a pet.
• Requires malicious intent (not an honest mistake).

Question 16

Intent to Annoy/Harass by Telephone (18.2-429)

Answer 16

Causing a telephone, pager, or other device to ring or signal with the specific intent to annoy.

• Intent is key; repeated calls can establish intent.
• Allowing use of one’s phone knowing it’s for this purpose also violates.
• Not a violation if calling for legitimate help (e.g., 911) as intent is not to annoy.
• Enhanced penalty (jailable) for harassing emergency personnel (e.g., repeated false 911 calls).

Question 17

False Caller ID (Number Spoofing)

Answer 17

Displaying false caller ID information with the intent to defraud, intimidate, or harass.

• Must prove who made the call (voice ID, etc.), not just rely on the spoofed number.
• Simply blocking a number is NOT a violation.

Exceptions exist for law enforcement, federal agencies, etc.

Question 18

Threats in Writing (18.2-60) - General

Answer 18

Knowingly communicating in writing a threat to kill or do bodily harm to a specific person or their family, placing them in reasonable apprehension of death or bodily injury.

• Threat must be specific to kill/harm, not just any crime or insult.
• Doesn’t require direct communication (e.g., a public post can count if it communicates the threat to the victim).
• Victim must reasonably fear the threat.

Question 19

Threats in Writing (18.2-60) - Act of Terrorism Enhancement

Answer 19

Enhanced penalty if the written threat is an act of violence intended to:

1. Intimidate the civilian population at large, OR
2. Influence government conduct/activities through intimidation. Ex: Written threat to shoot up a courthouse.

Question 20

Threats in Writing (18.2-60) - School Grounds Enhancement

Answer 20

Enhanced penalty if an adult (18+) makes a written threat (to kill/harm) intended to intimidate civilians, influence government, or compel evacuation, related to school grounds or school activities.

Question 21

Oral Threats on School Grounds / Against Health Care Provider

Answer 21

• A school employee while on school property or at a school-sponsored activity.
• A health care provider engaged in their duties. (Note: This addresses oral threats in specific contexts, distinct from the general written threat statute 18.2-60).

Question 22

“Knowingly Exceeded Authority” (Computer Fraud)

Answer 22

A key element in Computer Fraud. This applies when a person has some level of legitimate access to a computer or system, but intentionally goes beyond that authorized level to commit fraud, embezzle, or convert property. (Think: An employee using their work login to access files they aren’t permitted to see and transferring funds, not just an outside hacker)

Question 23

Distinction: Computer Fraud vs. Computer Trespass

Answer 23

Computer Fraud: Focus is on the outcome of dishonestly obtaining property or services using a computer (false pretenses, embezzlement, conversion).

Computer Trespass (Hacking): Focus is on the act of maliciously interfering with a computer, program, or data (deleting, altering, causing malfunction, unauthorized copying, installing malware, etc.), regardless of whether property was obtained.

Question 24

Distinction: Specificity of Threats Required

Answer 24

Threats in Writing (18.2-60): Requires a specific threat to KILL or DO BODILY HARM. Focus is narrow, on serious physical violence.

Harassment by Computer / Obscenity/Threat by Telephone: Prohibit broader threats of ANY ILLEGAL OR IMMORAL ACT. Can include threats beyond physical violence.

Question 25

"Reasonable Apprehension" (Threats in Writing - 18.2-60)

Answer 25

Essential element for written threats to kill/harm. Means the prosecution must show the threat caused the victim to genuinely fear death or bodily injury, AND that this fear was *objectively* *reasonable* under the circumstances (considering the threat's nature, context, and any knowledge about the sender). It's about the threat's perceived credibility to the victim.

Question 26

Scenario: Communication states, "Puss pussy squat to pee in ladies room grow a set of ball." Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 26

No. While vulgar and insulting, it doesn't contain a clear threat of an illegal or immoral act by the sender, nor a threat to kill or do bodily harm. It falls into the category of offensive language.

Question 27

Fucking cunt, fucking bitch, you fucking suck. Is this likely a chargeable threat under Obscecity/Threat statutes?

Answer 27

No. This is vulgar abuse and insulting language. It does not contain a threat of an illegal or immoral act by the sender or a specific threat to kill or do bodily harm.

Question 28

Scenario: Communication includes phrases like "Sex with anonymous strangers, risky gutter sex, vacuum baby to death, Coke whore baby killing prostitute. Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 28

No. This is vulgar abuse and insulting language. It does not contain a threat of an illegal or immoral act by the sender or a specific threat to kill or do bodily harm.

Question 29

Scenario: Communication includes phrases like "Sex with anonymous strangers, risky gutter sex, vacuum baby to death, Coke whore baby killing prostitute. Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 29

No, though "close". While extremely offensive, vulgar, and potentially suggesting immoral acts, it may not clearly convey a threat by the sender to commit an illegal act against the recipient or a threat to kill/harm. It's highly offensive language rather than a direct threat from the speaker.

Question 30

Scenario: Communication states, "Hey bitch! You want to wonder why you don’t have any friends bitch! Im going to fuck you in the worst fucking way. You understand me? Hope youre having a good time with this shit. And whats going to happen is not going to be pretty." Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 30

Yes. This contains a direct threat ("Im going to fuck you in the worst fucking way," "whats going to happen is not going to be pretty"). It implies severe harm or an illegal act by the sender against the recipient, meeting the criteria for a threat.

Question 31

Scenario: Communication states, "I have some fireworks for you. Bring all three down. All you are gonna fall." Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 31

Yes. This language strongly implies impending violence or attack ("fireworks," "bring all three down," "gonna fall"), constituting a threat of an illegal act or bodily harm.

Question 32

Fucking punk ass bitch mf going to get everything coming to you. Is this likely a chargeable threat under Obscenity/Threat statutes?

Answer 32

Yes. This implies impending retribution or harm ("going to get everything coming to you"), which qualifies as a threat of an illegal act or potential bodily harm.

Question 33

Scenario: Someone posts rap lyrics online containing specific threats against a person mentioned in the lyrics. The victim sees the post. Is this considered "communicated" for a Threats in Writing charge?

Answer 33

Yes, this likely counts as communication. The threat doesn't have to be sent directly to the victim (like a private message or letter). Making it publicly available where the victim can (and does) see it is generally sufficient communication for the statute.

Question 34

When evaluating a threat in writing ("I'm going to X to you"), evidence shows the accused has actually done X to others previously or bragged about doing similar things they actually carried out.

Answer 34

This strongly supports the element of Reasonable Apprehension. The fact that the accused has a history of carrying out similar actions makes the current threat much more credible, thus making the victim's fear objectively reasonable UNLESS victim states not in fear

Question 35

Scenario: You sign up for a Costco membership and begin receiving their promotional emails. Separately, you receive an unsolicited email from an unknown company with a disguised sender address trying to sell you diet pills. ## Footnote Which of these scenarios illustrates unlawful SPAM (Transmission of Unsolicited Commercial Electronic Mail) and why?

Answer 35

Answer: The email selling diet pills with a disguised sender address. Key Elements for SPAM: It's commercial, and there's intent to falsify/forge/deceive about the origin. The Costco emails are permissible due to the existing business relationship established when you signed up.

Question 36

Scenario: An employee with authorized access to a restricted database (like VCIN or eMag for law enforcement) uses that access to look up personal information about their neighbor purely out of curiosity. ## Footnote What computer crime concept does this snooping illustrate?

Answer 36

Answer: Computer Invasion of Privacy. This involves intentionally examining without authority employment, financial, or personal information stored on a computer system. The access might be generally authorized for work, but using it for personal curiosity is "without authority" for that specific search.

Question 37

Scenario: You discover your neighbor's home WiFi network is not password-protected, so you connect your laptop to it daily to browse the web without asking them. What computer crime concept does using the neighbor's unsecured WiFi illustrate?

Answer 37

Theft of Computer Services. This involves willfully obtaining computer services (in this case, internet access provided via their network) without authority.

Question 39

Scenario: A malicious actor remotely hacks into a medical device connected to a patient, such as an insulin pump or pacemaker, and alters its settings, causing direct physical harm to the patient. What specific computer crime concept does hacking a medical device to harm someone illustrate?

Answer 39

Answer: Personal Trespass by Computer. This crime specifically involves using a computer to cause physical injury to a person.