Computer and online crime cases often begin with a knock on the door and a search warrant for every phone, laptop and account in the house. That can be overwhelming. These cases depend heavily on digital evidence, which can be powerful but is also easy to misread. Who was actually at the keyboard, whether access was really unauthorized, and whether the devices were searched lawfully are often open questions. This page explains the main charges and the issues that tend to matter.
Common computer and online charges
California has several laws aimed at conduct involving computers, phones and the internet:
- Unauthorized computer access (Penal Code § 502): knowingly accessing, using, copying, altering or damaging a computer, system, network or data without permission. This includes taking data, disrupting systems and introducing malicious code.
- Identity theft (Penal Code § 530.5): obtaining and using another person’s identifying information for an unlawful purpose, such as opening accounts or making purchases.
- Electronic harassment (Penal Code § 653.2): posting or sending someone’s personal identifying information or images electronically to cause others to harass or threaten them.
- Stalking (Penal Code § 646.9): repeatedly following or harassing someone and making a credible threat that places them in reasonable fear. The threat can be made through electronic communication.
- Distributing private images (Penal Code § 647(j)(4)): sharing intimate images of an identifiable person who expected them to stay private, with intent to cause serious emotional distress. This is sometimes called “revenge porn.”
Online conduct can also lead to other charges, including fraud, threats and, in some cases, sex crimes or domestic violence related offenses.
State and federal cases
Because the internet crosses state lines, some cases are prosecuted in federal court. The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, covers accessing a computer without authorization or exceeding authorized access, along with related fraud and damage offenses. In 2021, the U.S. Supreme Court narrowed the “exceeds authorized access” part of the law in Van Buren v. United States, which matters in cases involving employees or others who had some permission to use a system.
Federal identity theft and wire fraud charges can also come up. Federal cases have their own procedures and sentencing rules, and an early understanding of which system you may be facing can shape every decision that follows.
Penalties in general terms
Penalties vary widely. Many of these offenses are “wobblers,” which means they can be charged as a misdemeanor or a felony. Identity theft under Penal Code § 530.5 and stalking under Penal Code § 646.9 are both wobblers. Electronic harassment under § 653.2 and distribution of private images under § 647(j)(4) are generally misdemeanors. Unauthorized access under § 502 ranges from minor offenses to felonies, depending on what was done and the harm caused.
Courts can also order restitution, restrictions on computer and internet use while on probation, and protective orders. Sentences depend on the facts, the losses claimed, your record and the county. You can learn more about how charge levels work on the misdemeanor or felony page.
Device searches and digital evidence
Phones and computers hold more personal information than almost anything else you own. In Riley v. California (2014), the U.S. Supreme Court held that police generally need a warrant to search a cell phone, even after an arrest. California goes further. The California Electronic Communications Privacy Act, Penal Code § 1546 and the sections that follow, generally requires a warrant or another specific legal basis before the government can get electronic information from your devices or from companies such as phone carriers and online platforms. It also gives a way to ask the court to suppress information obtained in violation of the law.
Digital evidence raises its own questions:
- Attribution. An IP address, account login or shared device does not prove who was using it. Accounts can be shared, hacked or spoofed.
- Scope of the warrant. A warrant may limit what can be searched and for what. Searches that go beyond it can be challenged.
- Forensic methods. Extraction tools, timestamps and metadata can be misinterpreted. Independent review is sometimes worthwhile.
- Authorization. Whether you had permission to access a system, and what the limits were, is often the central issue in § 502 and federal cases.
- Context of messages. Messages read in isolation may look threatening when the full exchange tells a different story.
If police have asked for your passwords or want to “just talk,” it is generally wise to speak with a lawyer before you answer questions or hand anything over.
How Eric H. Hintz approaches computer crime cases
Eric H. Hintz has practiced Criminal Defense in California since 1985. In a computer or online crime case, he reviews the police reports, the search warrants and the digital evidence the prosecution relies on. He looks closely at how devices and accounts were searched and whether the requirements of the warrant and California’s privacy laws were followed. Where diversion or a reduction is available, he explores it. Where it is not, he negotiates with the prosecutor and, when it is the right choice, tries the case. He handles cases in Sacramento and in any California county, in state and federal court.
If you are out of custody, the first consultation is free. Call the office at (916) 465-6500, or call or text 24 hours a day at (916) 802-5979.
Common questions
Police took my phone and laptop. Can they search everything on them?
Generally, police need a warrant to search a phone or computer, and the warrant should describe what they may look for. California’s Electronic Communications Privacy Act, Penal Code § 1546 and the sections that follow, adds further protections. Whether a search went too far depends on the warrant and how it was carried out. A lawyer can review it and, where appropriate, ask the court to suppress evidence.
Do I have to give police my passcode?
This area of law is still developing, and the answer can depend on the circumstances. You have the right to remain silent and the right to a lawyer. Politely say you want to speak with an attorney before answering questions or providing any passcode, and do not try to delete data, which can lead to additional charges.
Will my case be in state or federal court?
Most computer-related cases in California are prosecuted in state court. Some, especially those involving large losses, multiple states, financial institutions or federal agencies, are brought under federal laws such as the Computer Fraud and Abuse Act, 18 U.S.C. § 1030. Sometimes both are possible. Eric H. Hintz handles cases in both state and federal court.
Someone else used my account or Wi-Fi. Does that matter?
It can matter a great deal. An IP address or account login shows which connection or account was used, not necessarily who was using it. Shared devices, shared passwords, open networks and hacked accounts are common. The prosecutor still has to prove that you were the person responsible.
Is sharing someone’s private photos a crime?
It can be. Penal Code § 647(j)(4) makes it a crime to distribute intimate images of an identifiable person who expected them to stay private, with intent to cause serious emotional distress. It is generally a misdemeanor, but the facts, including how the images were obtained and shared, matter a great deal.
Related tools and pages
Last reviewed October 2026.
General information, not legal advice. Every case is different.