Computer Crime charges in Kansas

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What is the Kansas Law on Computer Crimes?

Statute 21-3755: Computer crime; computer password disclosure; computer trespass.

(a) As used in this section:
(1) "Access" means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.
(2) "Computer" means an electronic device which performs work using programmed instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and includes all input, output, processing, storage, software or communication facilities which are connected or related to such a device in a system or network.
(3) "Computer network" means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
(4) "Computer program" means a series of instructions or statements in a form acceptable to a computer which permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.
(5) "Computer software" means computer programs, procedures and associated documentation concerned with the operation of a computer system.
(6) "Computer system" means a set of related computer equipment or devices and computer software which may be connected or unconnected.
(7) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, debit card or marketable security.
(8) "Property" includes, but is not limited to, financial instruments, information, electronically produced or stored data, supporting documentation and computer software in either machine or human readable form.
(9) "Services" includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work.
(10) "Supporting documentation" includes, but is not limited to, all documentation used in the construction, classification, implementation, use or modification of computer software, computer programs or data.
(b) (1) Computer Crime is:
(A) Intentionally and without autorization accessing and damaging, modifying, altering, destroying, copying, disclosing or taking possession of a computer, computer system, computer network or any other property;
(B) using a computer, computer system, computer network or any other property for the purpose of devising or executing a scheme or artifice with the intent to defraud or for the purpose of obtaining money, property, services or any other thing of value by means of false or fraudulent pretense or representation; or
(C) intentionally exceeding the limits of authorization and damaging, modifying, altering, destroying, copying, disclosing or taking possession of a computer, computer system, computer network or any other property.
(2) Computer Crime is a severity level 8, nonperson felony.
(3) In any prosecution for computer crime, it is a defense that the property or services were appropriated openly and avowedly under a claim of title made in good faith.
(c) (1) Computer password disclosure is the unauthorized and intentional disclosure of a number, code, password or other means of access to a computer or computer network.
(2) Computer password disclosure is a Class A nonperson misdemeanor
(d) Computer trespass is intentionally, and without authorization accessing or attempting to access any computer, computer system, computer network or computer software, program, documentation, data or property contained in any computer, computer system or computer network. Computer trespass is a class A nonperson misdemeanor.
(e) This section shall be part of and supplemental to the Kansas Criminal code.

What is the rage of punishment for a first conviction for a Computer Crime conviction?

Determining a accurate range of punishment depends largely on the accused person's criminal history and the specific part of the law they have violated. This is not a univiseral range of punishment and any individual charged with such a crime should look to a an experienced criminal attorney to give them the possible range of punishment that they are subject to.

7-23 Months if charged as a Felony

0-12 Months if charged as a Misdemeanor

How can a Criminal Defense Attorney help?

The first thing a criminal defense attorney can do is investigate your case. A criminal defense attorney can listen to your side of the story as well as find out what law enforcement is alleging you did and what evidence they have against you. A criminal defense attorney can then give you an accurate analysis of your case and tell you the strengths and weaknesses of your possible defenses. A criminal defense attorney can act on your behalf to minimize any further damage. A defense attorney can advise you on what you need to do, and what you should not do. A criminal defense attorney can take the heavy load of stress surrounding your criminal charges and bring some solidarity and council to your situation.

Should I defend myself?

You would never think of performing brain surgery on yourself, so why would you ever try to defend yourself in a criminal case. When you are charged with a crime, you need help. Your life, liberty, and reputation are on the line and you need to defend them. You need an attorney that knows the ends and outs of the local courts, one that understands criminal procedure and can help achieve the best outcome possible for you. You need an defense attorney that can sit down with you, explain the law and give you accurate legal advice based on your specific facts. You need help and you need it from a qualified criminal defense lawyer.

What does it cost to hire a criminal defense attorney on an Computer Crimes Case?

Things we consider when determining our Attorney's fee:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the time limitations imposed by the client or by the circumstances;
(5) the nature and length of the professional relationship with the client;
(6) the experience, reputation, and ability of the lawyer or lawyers performing the services;

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The choice of a lawyer is an important decision and should not be based solely upon advertisements. Past results afford no guarantee of future results and every case is different and must be judged on its own merits. The information on this website is not legal advice. If you are in need of legal services please contact a criminal defense attorney. Use of this website does not constitute the formation of an Attorney/Client relationship. The Law Office of Brandan Davies LLC does not represent you until a formal representation agreement has been executed.