Cybercrime & Internet Crime in Maryland: What Counts & Common Defenses

Maryland prosecutors are going after new types of crimes that have emerged in the digital age. Cybercrime charges can lead to long prison sentences and long-lasting effects on your career and future. They can range from unauthorized access to someone else’s computer to running complex online fraud schemes. Criminal investigation and prosecution are also moving online, as more of our communication, financial activity, and personal data exist in digital form.

If you’re being accused of cybercrime in Maryland, it’s very important to understand what the law says and how to defend yourself against these charges. If you’ve been accused of a cybercrime, talking to cybercrime defense lawyers who know both the technical and legal sides of these cases can help protect your rights and freedom.

Maryland’s computer crime statute

Section 7-302 of Maryland’s criminal law addresses unauthorized access to computers and related offenses, including accessing, damaging, altering, or copying data without authorization. This law makes it illegal to intentionally access a computer, computer network, computer system, or any part of a computer network without permission. It also includes going beyond the limits of authorized access with the goal of damaging, disrupting, or destroying data, computer programs, or computer systems.

The law uses broad definitions of important terms to keep up with changing technology. An electronic, magnetic, optical, organic, or other data processing device that does logical, arithmetic, memory, or storage tasks is a computer. This definition includes not only regular desktop and laptop computers but also implies smartphones, tablets, servers, and other internet-connected devices.

Penalties for Maryland computer crimes

The penalties in § 7-302 depend on the situation and the total amount of money lost. Penalties range from misdemeanors to felonies, depending on intent and loss.

• If you access a computer without authorization but do not intend to cause damage or commit another crime, you may be charged with a misdemeanor under § 7-302, which can carry potential jail time and fines depending on the circumstances.
• If the offense results in damage or financial loss, the severity of the charge increases based on the conduct involved and the value of the loss.
• In cases involving significant financial loss, the offense may be charged as a felony and can carry substantial prison time and fines.
• If you willfully and maliciously interrupt state government or public utilities, you may face enhanced penalties under Maryland law.

Types of cybercrime charges

Maryland prosecutors actively pursue a wide range of cybercrimes.

• It’s against the law to access computer systems, networks, or accounts without permission, by hacking or other unauthorized means, even if no data is stolen or damaged.
• Identity fraud is when you knowingly and fraudulently obtain or use someone else’s personal information to make money or commit fraud. This is covered by Criminal Law § 8-301.
• Credit card fraud, unauthorized banking transactions, phishing schemes, business email compromise, and other similar activities that happen online are all types of online financial fraud.
• Using electronic communications to stalk, harass, threaten, or intimidate people. Stalking is against the law under 3-802, and separate electronic harassment offenses are against the law under § 3-805 of the Criminal Code.
• Stealing intellectual property means downloading, sharing, or selling copyrighted material without permission. This includes illegal streaming and software piracy. While generally prosecuted under federal law, certain related conduct may violate Maryland statutes.

Maryland law takes cyberstalking extremely seriously. Under Section 3-802, stalking includes a malicious course of conduct that places another person in reasonable fear of serious bodily injury, assault, rape, sexual offense, or death. A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. People who break the law more than once get harsher punishments.

Federal cybercrime laws

Federal charges are common in cybercrime cases, especially when the alleged behavior crosses state lines, uses interstate communications, or involves federal computer systems. The federal Computer Fraud and Abuse Act (CFAA) makes it illegal to access protected computers without permission. This includes government systems, networks of financial institutions, and computers used for business across state lines.

If you’re charged with wire fraud under 18 U.S.C. § 1343, you could spend up to 20 years in federal prison if you’re caught trying to defraud people online. When someone uses your personal information in a bad way, the federal Identity Theft and Assumption Deterrence Act adds more penalties. Federal prosecutions usually have higher stakes because prosecutors are more aggressive, investigative tools are more advanced, and sentences are harsher.

Effective defense strategies

Cybercrime cases offer unique challenges for defense because the evidence is technical, and prosecutors have to show certain mental states.

Lack of intent

In many cybercrimes, you have to show that you did something on purpose with the intent to commit a crime. It may not be a crime to accidentally access something or do something without knowing it’s against the law.

Authorization disputes

Questions about whether access was really unauthorized can be a big part of the defense, especially at work or when access permissions aren’t clear.

Mistaken identity

Sometimes, the wrong person is accused based on digital evidence that doesn’t clearly point to the real criminal because they used stolen credentials, VPNs, proxy servers, or fake IP addresses.

Improper search and seizure

The Fourth Amendment says that digital evidence must be gathered in a legal way. Evidence may be thrown out if it was obtained with an invalid warrant, if devices were searched without a warrant, or if searches went beyond what was allowed.

Chain of custody issues

Digital evidence can be changed, damaged, or contaminated. If there are breaks in the chain of custody or evidence isn’t handled properly, it can make the prosecution’s evidence less reliable and less likely to be accepted.

The complexity of digital evidence

Digital forensic evidence is very important in cybercrime cases. Most cases are based on technical evidence like IP addresses, server logs, metadata, browser histories, and more. But this evidence is often circumstantial and can be understood in many different ways. A lot of the time, technical experts don’t agree on what digital evidence really shows.

Cybercrime defense attorneys collaborate with forensic specialists to scrutinize the prosecution’s evidence, pinpoint deficiencies, and offer alternative interpretations for digital footprints. Digital evidence is unstable and can be changed, which gives you a chance to question the reliability of the prosecution’s case.

Protecting your rights in cybercrime cases

If you’re found guilty of a cybercrime, you could:

• Go to jail,
• Pay a lot of money in fines,
• Have to pay back the money you stole, and
• Have a criminal record.

A conviction for a computer crime can leave a mark on your career that lasts for a long time. It can limit your job options and make you have to share your criminal history and background information with potential employers.

Because these cases are so complicated and the penalties for being found guilty are so severe, it’s vital that you work with an experienced lawyer from the beginning of the investigation.

At Drew Cochran, Attorney at Law, our team of cybercrime defense lawyers can help you understand your options and come up with a strong defense if you’re facing cybercrime charges in Maryland. To schedule a meeting to discuss your case, please reach out today.