Computer Tampering Defense

Arizona's computer tampering law is broad. Under § 13-2316(A), a person "who acts without authority or who exceeds authorization of use" commits computer tampering by doing any of these eight things:

1. Accessing, altering, damaging or destroying a computer, system or network with intent to devise or execute a scheme to defraud or deceive, or to control property or services by false pretenses, representations or promises.
2. Knowingly altering, damaging, deleting or destroying computer programs or data.
3. Knowingly introducing a computer contaminant into a computer, system or network.
4. Recklessly disrupting computer or network services, or denying service to an authorized user.
5. Recklessly using a computer or network in a course of conduct directed at another person that seriously alarms, torments, threatens or terrorizes the person. The conduct must cause a reasonable person substantial emotional distress and serve no legitimate purpose.
6. Preventing a user from leaving a site or system so the user's computer keeps connecting to or displaying its content.
7. Knowingly obtaining confidential information or nonpublic records by accessing a computer system operated by the state, a political subdivision, a health care provider, a clinical laboratory or someone providing services for them.
8. Knowingly accessing any computer, system or network, or any software, program or data in it.

The phrases "without authority" and "exceeds authorization of use" are central. Many cases involve people who had some access, such as employees or contractors, and the dispute is over where that permission ended. Paragraph (A)(5) overlaps with stalking and harassment, and that conduct can be charged as computer tampering when a computer or network is used.

Sentencing depends on the class and your history. For a first felony offense, A.R.S. § 13-702(D) sets these prison ranges:

If you are eligible for probation, the court may suspend the sentence and place you on probation under A.R.S. § 13-901(A), and it must order restitution where a victim suffered economic loss. Restitution is "the full amount of the economic loss as determined by the court" under A.R.S. § 13-603(C). A felony fine can be up to $150,000 under A.R.S. § 13-801(A).

For a class 6 charge that is not a dangerous offense, A.R.S. § 13-604(A) lets the court enter a class 1 misdemeanor, or leave the offense undesignated until probation ends, if a felony sentence "would be unduly harsh." On conviction, § 13-2316(C) also requires forfeiture of any computer system or instrument of communication that you owned or used exclusively and that was used in the offense.

Federal law covers similar conduct. 18 U.S.C. § 1030(a)(2) reaches a person who "intentionally accesses a computer without authorization or exceeds authorized access" in listed circumstances. Other parts cover access to defraud and transmitting damaging code, and penalties under § 1030(c) depend on the subsection charged. Nova Law Group appears in the U.S. District Court for the District of Arizona.

These cases depend on digital evidence, such as access logs, IP addresses, metadata and device images. We review that evidence, often with an independent forensic examiner, to see whether it shows what the State claims.

• Authorization: Job duties, written policies and past practice can show that your access was authorized, or that the limits were unclear.
• Mental state: Several paragraphs require knowing conduct, and paragraph (A)(1) requires intent to defraud or deceive. Accidental deletions and routine IT work are different.
• Who was at the keyboard: Shared accounts, reused passwords, VPNs and malware can make it hard to tie an action to one person.
• The class: Whether a system is a critical infrastructure resource, or whether conduct fits paragraph (A)(8) instead of (A)(1), can change the class.
• Searches: We review warrants for devices and accounts, and challenge searches that went beyond their scope.

Most state felonies in Maricopa County are prosecuted by the Maricopa County Attorney's Office. Certain cases are brought by the Arizona Attorney General's Office, often where conduct crossed county lines or a state agency investigated. Some cases are charged federally instead.