South Carolina Computer Crimes

Computer Crimes, or offenses committed over the Internet or other networks, are a new and emerging trend in criminal law. They share many of the same similarities as other crimes, including the possibility of a permanent criminal record or prison time, while having complexities never before encountered by our Court system. Examples of computer crimes may include the following:

• Identify Theft: Such as applying for credit in the name of another, opening accounts in the name of another, or using another's credit card or account to make purchases
  
  
• Credit Card Fraud: Establishing credit in another's name, using another's credit card to make purchases or open an account, buying or selling credit card numbers, or using randomly created credit card numbers
  
  
• Sexually Oriented: Having a sexually oriented chat with a minor, or a police officer pretending to be a minor, possessing or transferring illegal pornography, attempting to contact or establish a meeting with a minor, or police officer pretending to be a minor for a sexually oriented purpose.

• Online Trespass:  Gaining unauthorized access to computer systems or computer networks

If you are charged with a Computer Crime you should know that there may be specialized defenses available to your case. These include:

• A requirement that the State comply with Federal laws pertaining to the obtaining of search warrants used in Interstate cases (such as to an ISP located out of state)
  

• The possibility that the police have improperly identified you as the responsible party of illegal conduct as the result of improperly tracing an IP address or someone intentionally "spoofing" or pretending to be you online
  
  
• The possibility that the police overstepped their bounds when executing a search warrant, or that your computer or other equipment was seized without any warrant at all                   

In addition to being a criminal defense attorney, James Snell has an additional background in Computer Networking and the Internet. He has received both the Microsoft Certified Systems Engineer (MCSE) and the Cisco Certified Network Associate (CCNA) credentials, and has completed college coursework in computer science.

Specific South Carolina Computer Crimes

1st Degree Computer Crime
S.C. Code § 16-16-20

1st Degree Computer Crime is a Felony, punishable by up to five years imprisonment and a fine of up to $50,000. 1st Degree Computer Crime is prosecuted in the Court of General Sessions by the Solicitor's Office. It requires either a victim's loss or Defendant's gain in a pre-described amount of $5,000 to $10,000 minimum depending on the exact allegations.

2nd Degree Computer Crime
S.C. Code § 16-16-20

1st Degree Computer Crime is a Felony, punishable by up to five years imprisonment and a fine of up to $50,000. 1st Degree Computer Crime is prosecuted in the Court of General Sessions by the Solicitor's Office. It requires either a victim's loss or Defendant's gain in a pre-described amount of $1,000to $10,000. 

3rd Degree Computer Crime
S.C. Code §16-16-20

3rd Degree Computer Crime is a Misdemeanor, punishable by up to two years imprisonment and a fine of up to $2,000. 3rd Degree Computer Crime is prosecuted in either the Magistrate Court by the arresting officer or the Court of General Sessions by the Solicitor's Office. It requires either a victim's loss or Defendant's gain of no more than $1,000.

Credit Card Theft, Financial Transaction Card Theft
S.C. Code § 16-14-20

Credit Card or Financial Transaction Card Theft is a felony, punishable by up to five years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. These offenses involve the obtainment, sale or use of another's credit or debit card number. This is the offense that one may be charged with if you fraudulently obtain credit, or if you unlawfully use another's credit card to make online purchases.

Identity Theft, Financial Identity Fraud
S.C. Code § 16-13-510

Identify Theft, or Financial Identity Fraud, is a felony punishable by up to up ten years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. This offense involves the unlawful use of another's personal information, such as Social Security Number and Date of Birth, to obtain financial records of another or conduct a transaction in their name.

Anonymous Communication of Indecent Message
S.C. Code § 16-15-250

Anonymous communications of indecent message is a misdemeanor punishable by up to three years imprisonment. It is prosecuted in the Court of General Sessions by the Solicitor's Office. It is the offense of sending an anonymous bullying, harassing, or obscene instant message, text message or e-mail.

Criminal Solicitation of a Minor, Online Child Solicitation
S.C. Code § 16-15-342

Criminal Solicitation of a Minor is a felony punishable by up to ten years imprisonment. Criminal Solicitation of a Minor is prosecuted in the Court of General Sessions, usually by the South Carolina Attorney General's Office. This is the offense that one may be charged with for having an allegedly sexually oriented chat or online room encounter with a police officer posing as an underage minor. Frequently those charged with this offense receive more severe sentences than those charged with the actual molestation of children.

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