What is Using a Computer in the Commission of a Crime?

Using a computer, including a smartphone, to facilitate criminal activity is punishable by years of imprisonment and probation. Here is what you need to know.

What does it mean to use a computer to commit a crime in Michigan?

The “use of a computer” is broadly defined under Michigan law. It is a crime to use a computer (any device capable of computing), a computer program, a computer network, or the internet to commit a crime. This offense is punishable separately from the underlying criminal offense. The “underlying crime” is the offense the defendant committed or attempted to commit using a computer. For example, it is a felony to report a serious crime to the police falsely. If someone uses a computer (including a smartphone) to facilitate the false report of the crime, they are guilty of a separate offense.

Defenses Against Using a Computer to Commit a Crime Charges

There are several potential defenses to Using a Computer to Commit a Crime charges. The viability of a defense and the likelihood of its success depends on the facts of the case and the quality and experience of the defense attorney. A defense is only as good as the lawyer advocating it. A wrongfully accused person stands a risk of a wrongful conviction if their lawyer doesn’t effectively plead their defense to the judge or jury. Furthermore, if a defense lawyer adequately demonstrates a defense to the prosecutor, the charges could be dismissed. Here are some examples of available defenses:

Mistaken Identity – If the prosecutor cannot prove that the defendant is the person who used the computer or that they conspired with or solicited another person to commit the crime with a computer, the defendant is not guilty. The identity of the person using the computer is often challenging to prove, and the government usually must rely upon circumstantial evidence.

Violation of the 4^th Amendment – In virtually all prosecutions for Using a Computer to Commit a Crime, the government obtains evidence pursuant to search warrants. If the government acts improperly to obtain a warrant or otherwise violates the defendant’s constitutional rights, their lawyer can move to suppress illegally obtained evidence.

Lack of Knowledge or Accident – Computers often use programs that auto-fill forms with personal identifying information, credit card numbers, and banking information. If someone uses a computer that auto-fills a form resulting in the unintentional use of that information, the accused is not guilty. Similarly, if a website or computer program connects to illegal material on the internet, such as child pornography or child sexually abusive material (CSAM), the defendant is not guilty unless they voluntarily remain on such a site, download pictures or video files, or view illegal images.

Duress – Someone forced or compelled through duress to use a computer to commit a crime is not guilty. For example, if a criminal forces someone at gunpoint to try various debit cards in an ATM, that person is not guilty of a crime. Similarly, suppose a human trafficker forces or coerces an immigrant to post advertisements for sex work on the internet. That victim of human trafficking is not guilty of a crime.

Mistake – The internet is full of fraud and scams. Suppose someone receives a scam email claiming they won a free vacation. If they mistakenly believe the email is authentic and complete a transaction because they are tricked into transferring another person’s funds or using an illegally obtained financial transaction device (credit card), they are not guilty of a crime.

Penalties for Using a Computer to Commit a Crime

The penalty for using a computer to commit, conspire to commit, attempt to commit, or solicit another person to commit a crime depends on the severity of the underlying offense.

Crimes Not Including Sexual Crimes Against Adults and Children

If the underlying crime is a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than one consecutive year, two (2) years of probation, and a fine of not more than $5,000.00.

If the underlying crime is a misdemeanor or a felony with a maximum term of imprisonment of more than one year, but less than two (2) years, the person is guilty of a felony punishable by imprisonment for not more than two (2) consecutive years, five (5) years of probation, and a fine of not more than $5,000.00.

If the underlying crime is a felony with a maximum term of imprisonment of two (2) years or more but less than four (4) years, the person is guilty of a felony punishable by imprisonment for not more than four (4) consecutive years, five (5) years of probation, and a fine of not more than $5,000.00.

If the underlying crime is a felony with a maximum term of imprisonment of four (4) years or more but less than 10 years, the person is guilty of a felony punishable by imprisonment for not more than seven (7) consecutive years, up to five (5) years of probation, and a fine of not more than $5,000.00.

If the underlying crime is a felony punishable by a maximum term of imprisonment of 10 years or more but less than 20 years, the person is guilty of a felony punishable by imprisonment for not more than 10 consecutive years, up to five (5) years of probation, and a fine of not more than $10,000.00.

If the underlying crime is a felony punishable by a maximum term of imprisonment of 20 years or more or for life, the person is guilty of a felony punishable by imprisonment for not more than 20 consecutive years, up to five (5) years of probation, and a fine of not more than $20,000.00.

Sexual Crimes Against Adults and Children

If the underlying crime is a misdemeanor punishable by up to one year in jail, using a computer to commit the offense is a misdemeanor punishable by up to one year.

If the underlying crime is a felony or misdemeanor with a maximum sentence of two (2) years in prison or jail, using a computer to commit that offense is a felony punishable by up to two (2) years in prison.

If the underlying crime is a felony punishable by a term of imprisonment between two (2) and four (4) years, the maximum sentence is up to four (4) years for using a computer to commit that offense.

If the underlying crime is a felony punishable by a term of imprisonment between four (4) years and 10 years, the maximum sentence is up to 10 years for using a computer to commit that offense.

If the underlying crime is a felony with a maximum sentence of 10 to 15 years in prison, using a computer to commit that offense is a felony punishable by up to 15 years in prison.

If the maximum sentence on the underlying crime is greater than 15 years, the offense is a felony punishable by up to 20 years in prison.

Consecutive Sentencing

The potential consequence of a conviction for Using a Computer to Commit a Crime is severe because the judge can impose consecutive sentences for the underlying offense and the computer-related conviction. In Michigan, sentences can be consecutive or concurrent. In most cases, multiple sentences are served concurrently, meaning simultaneously. Consecutive sentences are stacked or served one after the other. For example, if a defendant gets two (2) years in prison for possessing child sexually abusive materials (CSAM) and using a computer to commit a crime, they would first serve the two-year sentence for the underlying crime and then start any incarceration ordered on the computer offense.

What if the judge or jury finds the defendant not guilty of the underlying charge?

Under the law, the defendant can be found “not guilty” of the underlying charge, and the jury can still convict them of Using a Computer to Commit a Crime. The theory is that the jury might believe they used a computer to commit a different felony but not the underlying offense. A jury can convict the defendant of using a computer to commit a felony, but not the felony prosecuted by the government in that case.

Pre-Charge Representation

If the police or federal agents contact you regarding an alleged crime using a computer or the internet, immediately but respectfully demand an attorney and refuse to answer any questions. A skilled pre-charge investigation attorney might be able to advocate for reduced charges or help you avoid charges altogether. In other cases, proactively seeking representation will help you get a personal or low bond, avoid arrest, take steps to mitigate a harsh sentence, and much more.

Attorneys Experienced with Defendant Against Using a Computer to Commit a Crime Charges

The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience successfully defending against computer-related felony and misdemeanor charges in state and federal court. Because the government often expends considerable law enforcement resources on investigating computer and internet-based offenses, they often seek maximum charges and harsh sentences. In our experience, there is almost always more to the story than just an evil person using a computer to harm others. We are experts at finding defenses to these charges and mitigating the potential consequences. When you have a lot at stake and cannot afford to take chances with general practice, inexperienced, or court-appointed lawyers, we are ready to help you build a solid, formidable defense.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.