Criminal Offenses in Cyberspace

Criminal Offenses in Cyberspace

It’s a whole new world — one where “big brother” may be watching, and where something you do on your desktop or mobile device could land you in serious legal trouble. Let’s take a closer look at what counts as cybercrime, and the types of online activity that most often lead to criminal charges.

What Is a Cybercrime?

At its core, a cybercrime is any prohibited act involving the use of a computer, smartphone, or other digital device — usually in connection with the internet or another communication network.

But here’s the important part: in the U.S., criminal laws are created by statutes — written laws passed by Congress, state legislatures, or local authorities. If you’re arrested and charged with a cybercrime, prosecutors must be able to point to a specific statute that makes your conduct illegal.

The Two Main Types of Cybercrimes

Cybercrimes generally fall into two broad categories:

1. When the computer or network is the target
   • These are crimes aimed at breaking into or damaging a digital system itself. Examples include:
     • Hacking into accounts or networks
     • Phishing schemes — tricking people into revealing sensitive information by sending fake emails, texts, or creating fraudulent websites
     • Malware or ransomware attacks, where harmful software is installed to steal or lock up data
     • Denial-of-service attacks designed to crash websites or networks
2. When the computer is the tool
   • In these cases, the device is used to carry out another illegal act. Examples include:
     • Fraud: using the internet to sell fake goods, run scams, or make false promises
     • Sex crimes: soliciting a minor online, or creating, storing, or distributing child pornography — all heavily prosecuted under state and federal law
     • Harassment and cyberstalking: using social media, email, or messaging to threaten, intimidate, or repeatedly contact someone in violation of stalking or harassment laws
     • Intellectual property infringement: posting or distributing copyrighted or trademarked material without permission. Most IP violations are civil matters, but willful or large-scale piracy can lead to federal criminal charges

What About Defamation and Online Speech?

It’s important to draw a line here. Defamation — making false, damaging statements about someone — is usually a civil matter handled through lawsuits, not a crime. A handful of states still have criminal libel laws, but they’re rarely used and often challenged as unconstitutional.

That said, when online speech crosses into threats, intimidation, or harassment, it can absolutely become a criminal matter.

Key Takeaways

• Cybercrimes are real crimes, defined by statute — prosecutors have to show that the conduct violated a specific law.
• They typically fall into two categories: attacks on the computer/network itself, or crimes carried out using digital devices.
• Common examples include hacking, phishing, online fraud, sex offenses, harassment, and large-scale IP infringement.
• Defamation online is usually civil, not criminal, but harassment or threats can lead to prosecution.

Contact the Proven Criminal Defense Attorneys at Bailey & Galyen

At the law office of Bailey & Galyen, we understand the impact a criminal prosecution can have on every aspect of your life. We offer a free initial consultation to every client. To speak with an aggressive criminal defense lawyer, with the skill and knowledge to defend you against cybercrime charges, contact us by email, or call us at 844-402-2992. You also can call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.