Have you Been Charged with Computer Invasion of Privacy in Georgia?
Computer crimes, also known as cyber crimes, include many diverse offenses ranging from computer theft to phishing scams, to credit card fraud, and intellectual property violations. It can be difficult to ascertain the subtle differences between each crime, so it is important to hire a Georgia Criminal Defense Attorney. The legal system is tough to navigate on your own and particularly challenging when the laws concerning a crime are vague. Contact our offices today to see how we can assist with your case.
What is Computer Invasion of Privacy in Georgia?
Under O.C.G.A. §16-9-93(c), a person will be guilty of computer invasion of privacy when they use a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority.
O.C.G.A. §16-9-92(18) defines “without authority” to include the use of a computer or computer network in a manner that exceeds any right or permission granted by the owner of the computer or computer network.
Penalty for Computer Invasion of Privacy in Georgia
A person convicted of computer invasion of privacy in Georgia will receive a fine up to $50,000, up to 15 years in prison, or both.
However, if a person or property was injured because of the invasion of privacy, the victim may sue to recover any damages sustained and the cost of the lawsuit. Damages can include loss of profits and any expense the victim had to pay because of the invasion of privacy. However, the amount of restitution ordered cannot exceed the damage done to the victim.
I had authority: Evidence that you had the power to examine files will be highly beneficial to your case. Proving this could help obtain an acquittal in your case.
It was unintentional: If you accidentally stumbled across data that you did not have the authority to access and you can prove that it was unintentional, that would also be very helpful. A Georgia Computer Crimes Attorney would be vital in establishing this defense.
It was not financial or personal data: Proving that the information examined was not financial or personal data would negate the crime of invasion of privacy.
What are Not Defenses
I have the authority to do basically anything: A person can have access to a computer or network but still be guilty of invasion of privacy if they use the computer or network to examine data they do not have the authority to study.
Computer crimes can be highly technical and difficult to understand on your own. That is why Lawson and Berry are here to help. Our team of Georgia Computer Crime Attorneys has over 50 years of criminal defense experience and is ready to assist you with your case today. Call us today.