Hacking, Phishing and Identity Theft Charges in Las Vegas

Hacking, Phishing and Identity Theft Charges in Las Vegas

Identity theft, hacking, and phishing are serious cybercrimes that can lead to felony charges and prison time here in Las Vegas. These types of computer crimes involve illegally accessing someone’s personal information or accounts in order to steal money or identities. It’s a huge problem that affects thousands of victims every year.

In this article, we’ll take a look at the specific laws around identity theft, hacking, and phishing in Nevada. We’ll also discuss what kind of penalties you can face if convicted, and what the best defense strategies are. My goal is to educate people on how to avoid becoming a victim, but also to provide information to those wrongly accused of these crimes so they know their rights and options.

Nevada Laws on Identity Theft

Identity theft is prosecuted very aggressively here in Nevada. Our state laws define identity theft as when someone “knowingly uses the personal identifying information of another person to obtain or attempt to obtain credit, money, goods, services, property or medical information without the consent of that person.”

Common examples of identity theft include:

• Stealing and using someone’s credit card or bank account numbers
• Changing the mailing address on a victim’s account
• Opening new credit cards or loans in another person’s name
• Hacking someone’s internet accounts and running up charges

Identity theft is a Category B felony under Nevada law and is punishable by 1 to 20 years in prison and/or a fine up to $100,000. However, a conviction can also lead to restitution payments to the victim for their financial losses. These penalties apply even if the stolen identity was only used to buy something small.

The Nevada Attorney General has an Identity Theft Unit that investigates and prosecutes these crimes across the state. They take it very seriously.

Computer Hacking Charges

Hacking refers to illegally accessing someone’s computer, network, or online accounts without authorization. This could involve anything from installing malware or viruses to stealing private data and information.

In Nevada, the main law against hacking falls under NRS 205.4765. This law states that it’s a crime to knowingly, willfully and without authorization:

• Access, alter, damage or destroy any computer system, network or database
• Introduce a virus or malware into a computer system, network or database
• Make unauthorized copies of private data and information
• Disrupt or deny computer services
• Facilitate access to a computer in order to defraud or obtain money, property or services

Most hacking-related crimes are prosecuted as misdemeanors in Nevada, punishable by up to 1 year in jail and $1,000 in fines. However, more serious cases can be charged as Category C felonies with 1-5 years in prison and fines up to $100,000.

Installing malware with the intent to damage or disrupt a computer network is one example that gets charged as a felony under Nevada law. Hacking to steal identities or make unauthorized purchases would be another felony-level charge.

Phishing and Internet Scams

Phishing refers to scams carried out over the internet, email, or phone designed to steal personal information. The criminal poses as a legitimate company or government agency and tries to get the victim to reveal account numbers, passwords, or other sensitive details.

Some common phishing tactics include:

• Sending fake emails that look like they’re from a bank, credit card company, or social media site
• Creating copycat websites to mimic real login pages and collect logins
• Posing as the IRS demanding immediate payment
• Pretending to be a relative in need of emergency money

Phishing scams are often the first step in identity theft or hacking crimes. The scammer uses the info they collect to access accounts or open fraudulent new accounts. Nevada laws punish both the phishing attempt itself, as well as any resulting identity theft.

Under NRS 205.4852, it’s illegal in Nevada to create or use a website, email, text or other electronic communication designed to defraud or obtain money under false pretenses. Penalties can include 1-4 years in prison and fines up to $5,000.

However, if the phishing leads to actual financial loss for a victim, the penalties quickly escalate to major felony charges with decades behind bars.

Federal Charges for Cybercrime

In addition to Nevada state laws, the federal government also aggressively prosecutes cybercrimes under statutes like the Computer Fraud and Abuse Act (CFAA).

Some examples of activities that could lead to federal charges include:

• Hacking into government computers or banks
• Trafficking in stolen credit cards or identities
• Operating botnets for DDoS attacks
• Spreading viruses across state lines or internationally

The Department of Justice, FBI, Secret Service, and Immigration and Customs Enforcement (ICE) all investigate cybercrime at the federal level. Penalties can include up to 20 years in federal prison.

The U.S. Attorney’s Office in Nevada works closely with local law enforcement agencies to identify cybercrime cases that may warrant federal prosecution. Oftentimes state and federal charges are filed together.

Defending Against Hacking, Phishing and Identity Theft Charges

Fighting computer crime charges in Las Vegas takes an experienced criminal defense lawyer. These cases rely heavily on digital evidence from IP addresses, ISP records, device forensics, and more.

A skilled attorney knows how to analyze this technical evidence and identify any reasonable doubt. For example, it’s possible to show the hacking came from a public WiFi network you were never connected to. Or that malware was secretly installed on your device without your knowledge.

In phishing and identity theft cases, a common defense is showing that another person had access to your internet or devices and could have committed the crime. Prosecutors must prove beyond a reasonable doubt that you were the one responsible.

An attorney can also negotiate with prosecutors to get charges reduced or potentially dismissed through pre-trial diversion programs. This avoids the devastating consequences of a felony conviction if you have little or no criminal history.

Don’t wait to get experienced legal help if you’re under investigation for cybercrime in Las Vegas. A skilled lawyer can protect your rights and future.

I hope this overview has helped explain the seriousness of hacking, phishing and identity theft crimes in Nevada. Please share this article online to help others protect themselves and know their options if accused.

References

1. “Identity Theft” in Las Vegas, Nevada – Laws & Penalties – Shouse Law
2. Computer Crimes, Cybercrime, Hacking Attorney in Las Vegas – LV Criminal Defense
3. Nevada Identity Theft – Laws and FAQs | The Defenders Criminal Defense Attorneys
4. FBI Las Vegas Cyber Program
5. Las Vegas Identity Theft Defense Lawyers – Adras & Altig, Attorneys at Law
6. Identity Theft Laws in Nevada – Attorney General