October 4, 2024 | Identity theft
Hacking is a big concern across the United States. Every year, more people are getting hacked because hackers are becoming more sophisticated.
Most people’s cell phones are their lifeline and store extremely private information. If someone’s phone is hacked, the hacker may access personal data, including credit card information, passwords, photos, and even location data, which can lead to identity theft.
It’s no surprise that hacking is illegal in Ohio under state and federal law, as it is a huge concern.
What Is Hacking Under Ohio Law?
Ohio law criminalizes phone and computer hacking. It is illegal to use or operate someone’s phone or computer without their consent. Furthermore, it is illegal to attempt to gain access without permission. Violating this law can either be a misdemeanor or a felony, depending on the circumstances.
Hacking Under Federal Law
Certain types of phone and computed hacking are also illegal under federal law. This law only applies to hacking a protected device. Protected devices include:
- Government computers
- Banking computers
- Computers that affect government or financial institutions
- Computers used in interstate or foreign commerce
The definition of protected devices is very broad. Many phones are considered protected devices, particularly if a work phone is hacked.
How Do You Defend Against Phone Hacking Charges?
It is difficult to prove hacking charges. Cyber crimes are complex and it’s hard to prove who committed the hacking when the internet is often anonymous.
The prosecution must prove that the defendant knowingly hacked the victim’s phone. The most common defenses to phone hacking are:
- Consent or authorization to use the device
- Mistaken identity
- Insufficient evidence
- Violation of constitutional rights
There is also a codified affirmative defense to hacking under Ohio law. The affirmative defense includes a reasonable belief that there was consent to use or access the phone or that they would be given consent to use or access the phone.
The main difference between a regular and affirmative defense is that the defendant has the burden of proving an affirmative defense. Normally the defendant doesn’t have any burden; they simply need to raise doubt and poke holes in the prosecution’s case. If they are raising an affirmative defense, then they must produce evidence to support their claim.
What Are The Penalties For Hacking Someone’s Phone In Ohio?
Hacking is a serious crime, and the penalties can vary depending on the details of the case. Simple hacking is a Class 4 misdemeanor. This carries a jail sentence of up to 30 days and a $250 fine.
Felony hacking has more serious penalties. Hacking to defraud or obtain money or services is a fifth-degree felony if the amount is $1000-$7500. The penalty is 6-12 months in jail and a $2,500 fine, in addition to restitution and a possible probationary term.
If the value is $7500 – $150,000, then it is a fourth-degree felony. The penalty is 6-18 months in jail and a $5,000 fine, plus restitution and probation upon release. If the value is more than $150,000, then it is classified as a third-degree felony. This can carry nine months to 3 years in prison and a fine of up to $10,000. You will also pay restitution and receive probation after release from prison.
Of note, there are harsher penalties for hacking an elderly or disabled person.
Collateral Consequences
There are also collateral consequences if you are convicted of a felony phone hacking charge. Collateral consequences can make it difficult to enjoy your life, even after serving your jail sentence and paying your fines.
The most common collateral consequences include:
- Difficulty finding a job
- Insecure housing
- Inability to qualify for loans
- Loss of the right to vote
- Loss of the right to own a gun
- Criminal record
You can ask your attorney to discuss the collateral consequences that go alongside a felony hacking conviction.
The good news is that if you are charged with hacking, there are options to defend yourself. A Dayton criminal defense lawyer can explain your legal options and help you avoid a conviction.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
United States