Internet crimes are among the fastest-growing crimes in Colorado. They are growing so quickly that they threaten to outstrip our understanding of them. This means that victims are sometimes taken by surprise when they experience these crimes. However, it’s also possible to be accused of internet crimes for what you might have believed were benign and legal actions on your computer.
This article is intended to help people understand the scope of internet crimes (also called cybercrimes) in the state of Colorado, including those who think they might be victims and those who find themselves accused.
Understanding Cybercrime in Colorado
Broadly defined, cybercrimes are crimes committed with the aid of computers, which include computer crimes committed using computers that you have physical access to as well as computers accessed remotely. When you’re accessing information remotely, these crimes might also be described as internet crimes.
Many cybercrimes are identified under a specific statute dedicated to cybercrime. However, the statute explicitly notes that “Nothing in this section precludes punishment pursuant to any other section of law,” and many types of cybercrime are prosecuted under different sections of the legal code, sometimes in addition to specific cybercrime provisions. Charges under the Colorado Revised Statutes also do not prevent you from being charged for crimes in violation of federal law.
Understanding cybercrimes and their penalties might be easier if considered according to the types of crimes since this is related to the penalties for the crimes. To clarify, we divide cybercrimes into two categories: property-related crimes and crimes against people.
Property-Related Internet Crimes
Property-related internet crimes are those intended to damage property, defraud people, or otherwise steal money or other property from people using computers.
Generally, property crimes are charged according to the amount stolen or the cost to repair the damage caused. For many crimes, charging follows these guidelines:
| Value of Damage or Theft | Class of Criminal Offense | Penalties |
| Less than $300 | Petty Offense | Up to 10 days in jail and/or up to $300 |
| $300 to less than $1,000 | Class 2 Misdemeanor | Up to 120 days in jail and/or up to $750 |
| $1,000 to less than $2,000 | Class 1 Misdemeanor | Up to 364 days in jail and/or up to $1,000 |
| $2,000 to less than $5,000 | Class 6 Felony | 1 year to 18 months in prison and/or $1,000 to $100,000 |
| $5,000 to less than $20,000 | Class 5 Felony | 1 to 3 years in prison and/or $1,000 to $100,000 |
| $20,000 to less than $100,000 | Class 4 Felony | 2 to 6 years in prison and/or $2,000 to $500,000 |
| $100,000 to less than $1,000,000 | Class 3 Felony | 4 to 12 years in prison and/or $3,000 to $750,000 |
| $1,000,000 or more | Class 2 Felony | 8 to 24 years in prison and/or $5,000 to $1,000,000 |
Identity Theft
Identity theft is a crime that predates widespread internet use, but it has gotten worse as our dependence on computerized forms of payment has increased. Identity theft is when a person uses or possesses the identifying information of another person with the intent to obtain anything of value, including cash, credit, property, or services. This includes filling out forms using a person’s identifying information online. Note that merely possessing a person’s identifying information can be considered identity theft, a class 2 misdemeanor, unless you have three or more documents (from the same person or different people). In that case, it becomes a class 6 felony. However, actually using a person’s identifying information is a class 4 felony.
Phishing and Social Engineering Scams
Phishing and social engineering scams are internet crimes designed to get people to click links or open files that are harmful to their computers or personal information. These attacks are often used to transmit malware, ransomware, or viruses. Phishing and social engineering crimes might be defined as accessing a computer to defraud a person, accessing a computer to commit theft, and/or accessing a computer in an attempt to impair the functioning of that system.
In a phishing or social engineering scam, people write emails that they think will intrigue people and encourage them to click on malicious links or files. Common phishing attempts include a subject line like, “Here are the files you requested,” or “Urgent action required on your account.”
Malware and Computer Viruses
Malware and computer viruses are programs intended to steal sensitive information or cause harm to a computer system or its users. This harm might be in the form of theft of personal or privileged information or by making the computer system nonfunctional. This includes the use of “ransomware,” which locks data unless a person sends a payment to the architect of the attack.
Malware and computer viruses are charged according to the value of the damage caused.
Accessing a Computer or Network Without Authorization (Hacking)
Accessing a computer system or network without authorization can happen in person if you access someone else’s system, such as going onto the computer of a coworker when they step away from their desk for a moment. Or it can happen over the internet if you defeat safeguards intended to limit system access to authorized users only. This even includes accessing a system when someone gives you their password, and either the system administrators don’t approve of password sharing or you access it at a time other than you were specifically told to do so.
Hacking is a class 2 misdemeanor unless it’s a second or subsequent offense, in which case it’s a class 6 felony.
Software Piracy
Software piracy occurs when you obtain a copy of software without buying it. This includes using copied software codes, installing software using someone else’s disks, or visiting sites where pirated software is available for download. This is charged according to the value of software pirated.
Internet Crimes Against People
Although many internet crimes specifically target property, either for theft or attempt to impair the functioning of a computer system, other internet crimes specifically target people either to harm them or to secure their participation in virtual or real-world crimes. The penalties for these crimes vary according to the severity of the charge. We include the severity of the charges below, and you can consult the table above to determine how those charges translate to jail time and/or fines.
Solicitation Crimes
In Colorado, solicitation for prostitution is a crime, and this includes solicitation via the Internet. In addition, there are specific statutes forbidding the solicitation of minors via computer. While solicitation is generally a misdemeanor, solicitation of a minor is a felony. Learn more aboutinternet luring of a child charges.
Cyberstalking
There is no specific Colorado statute against cyberstalking. However, there are statutes against stalking, which can be applied to cyberstalking. For example, stalking includes making a credible threat to a person and then repeatedly making communication with that person. This could include communication over the Internet using email, social media, chats, or video conferencing. Stalking also includes putting a person under surveillance, which might include tracking someone’s movements online via their phone or other means. In addition, cyberstalking might include accessing a person’s computer with their credentials to find more information about their activities or movements in connection with a threat or otherwise unwelcome presence. Stalking may be a class 5 felony on the first offense and a class 4 felony thereafter, and because the crime is considered an extraordinary risk, you may be subject to additional years of imprisonment if convicted.
Child Pornography
Creating, selling, sharing, or even possessing child pornography is a crime in Colorado. Since most child pornography is shared by computers and over the internet, these often fall under the label of cybercrimes and internet crimes. However, there are separate statutes defining child pornography crimes. It’s important to note that each instance of accessing child pornography is considered a separate crime, which is either a class 4 or 5 felony depending on the type of material and whether it’s your first or consecutive offense.
Internet Crimes Against Children (ICAC)
ICAC is a nationwide initiative to protect children from dangerous situations that are facilitated by the Internet. It includes a wide range of crimes, including cyberbullying, solicitation, and child pornography.
Defense Options for Internet Crimes
Cybercrime charges can disrupt your life. You may spend time in jail before your trial, be prohibited from using a computer, and may not be allowed to see your family if the criminal charges make you appear a threat to them. Even without a criminal conviction, being charged with an internet crime can make you lose your job and lead to significant expenses.
Working with an experienced internet crimes attorney can help you immediately. Your attorney can argue for reasonable bail and help you avoid the most onerous terms the court might impose before your trial.
Then your criminal defense attorney can help you develop multiple defenses against your charges, including evidentiary, affirmative, and procedural defenses.
Evidentiary Defenses Against Internet Crimes
Evidentiary defenses seek to undermine or overwhelm the evidence presented by the prosecution. Often, internet crimes start with your unauthorized access to a system, but if you can show that your access was authorized, you might avoid several charges. Internet crimes typically require evidence of intent, and you might present evidence that your actions were accidental. You might also show that you were not the person who performed the criminal actions. Each of these defenses can be strengthened by demonstrating that the prosecution’s interpretation of the evidence is flawed and that the evidence doesn’t support their claims.
Affirmative Defenses Against Internet Crimes
Affirmative defenses are when you admit you committed a crime but did so under circumstances that mean you should be acquitted. You might, for example, argue that you were under duress because of bodily threats to you or your family or perhaps you were blackmailed into committing the crime. Another affirmative defense is entrapment, where you argue that it was actually a police officer or other government agent who persuaded you to commit a crime.
Procedural Defenses Against Internet Crimes
Any charge of internet crimes will depend on a lot of evidence. Suppose you can show that law enforcement obtained the evidence without following proper procedures (such as obtaining a valid search warrant that covered the evidence gathering). In that case, you might succeed in having key evidence excluded.
Get a Free Consultation with a Lawyer
M. Colin Bresee is an experienced internet crimes defense attorney in Denver offering free consultations. He has helped many people facing all types of cybercrimes to fight the charges in a court of law. He knows how to ensure you get a fair trial and how to avoid unfair treatment before your trial. He can help you understand the charges facing you, their severity, and whether it’s likely better to take a plea deal or go to trial.
M. Colin Bresee has worked as a prosecutor in many counties across Colorado, so he understands the criminal justice system from both sides. He has worked with many clients and knows how difficult it can be to face these types of charges. He can explain your charges and your options using clear, jargon-free language so you can make the decision that’s best for you.
Contact the Law Office of M. Colin Bresee
Internet crimes are a form of cybercrimes that are committed at least in part remotely via the internet. These crimes are governed by a diverse array of statutes, and defense against internet crime charges depends on the help of a knowledgeable, experienced defense attorney.
M. Colin Bresee has decades of experience in the criminal justice system, working both as a prosecutor and defense attorney. For much of that time, he has been dealing with cybercrime, and he has evolved his practice as the technology has become more sophisticated.
Of course, nothing on this page can be considered legal advice in your case. If you want legal advice, please contact the Law Office of M. Colin Bresee today and schedule a free consultation.
