Defending Internet and Computer Crimes in Delaware: What You Need to Know

More of our lives take place online. We use the internet to stay in touch with family and friends. However, that can be a major problem for anyone facing charges in Delaware. The prosecutor will definitely use online evidence against you if they can find it. In addition, there are specific crimes that apply to the internet and computers. In this article, the Wilmington, DE, criminal defense attorney, Michael W. Modica, will discuss computer-related crimes and how they’re prosecuted and defended.

Common internet and computer crime charges in Delaware

Delaware law covers a wide range of offenses related to computers. These include:

• Unlawful access or hacking – If you gain unauthorized access to another individual’s computer or network, even if you don’t steal information, it can result in charges under 11 Del. C. § 932–933. You can also face enhanced penalties if the target computer was a government agency or if data is stolen.

• Identity theft – If you use someone else’s personal information to commit a crime, it can lead to felony charges under Delaware’s Identity Theft Statute (11 Del. C. § 903).

• Possession or distribution of child sex abuse material – Child sex abuse charges are aggressively prosecuted. They are often based on digital evidence from peer-to-peer networks or seized on devices. A conviction under these rules can require you to register as a sex offender. Convictions also tend to have mandatory minimums.

• Online harassment or cyberstalking – If you send threatening messages, impersonate someone, or engage in contact that is meant to harass, you can be charged with a misdemeanor or, in some cases, a felony.
• Fraud and financial crimes – If you use digital means to defraud a person or a business, you might face either state or federal charges.

A lot of these cases will begin with a digital investigation that involves your IP address. It can also involve search warrants of your electronic devices and forensic analysis by law enforcement officers. On the other hand, digital evidence can be complex, and mistakes occur frequently.

Defending against digital crimes

Criminal defense of online crimes requires a deep understanding of both technology and the law. Key defense strategies often include: 

• Challenging the legality of the search – If the police lack a valid warrant or they overstepped the scope of the warrant, evidence gleaned from those actions can be suppressed.

• Questioning who owns the device – The prosecution needs to prove you acquired the illegal content. Just because it was found on your device doesn’t mean you’re the one who put it there.

• Forensic errors – If the evidence is mishandled, misinterpreted, or perhaps planted by a third party, it can help your case.

• Intent and knowledge – Most internet crimes require the defendant to act knowingly. The state has to prove you acted intentionally beyond a reasonable doubt.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of Wilmington residents who have been charged with serious crimes. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.