The Crime of Computer Tampering - Essay Example

COMPUTER TAMPERING The Blanch Law Firm explains that “Computer tampering occurs when someone uses a computer or computer service without ization and purposely changes or destroys important computer data.” This means that there are essentially two legal components of computer tampering and these are unauthorized usage and purposeful damage. The law is however silent on whether or not both parts of the offense have to be committed to constitute computer tampering. In this case, jury discretion is strongly recommended.

In light of the argument above argument, there could be two major legal debates that could come up. The first has to do with the fact that there was every evidence that the defendant used the computer program unauthorized. This part of the debate may not be as much argumentative as the second, which has to do with the intension with which the defendant shut the computer down even though that action of shutting the computer down destroyed important computer data. In the first instance, not much can be said in favor of the defendant because he was guilty of the count of not seeking permission.

But as far as the law on computer tampering does not come clear on whether or not a person must break both parts of the law before the person could be charged, lawyers of the defendant could still have a lot to argue in court. They could for example ask for evidence that the defendant took his action intensionally and base on that to plead for him. With reference to the court not accepting the defense that the defendant was not guilty of altering the programs because he did not change them, very little could be said in the defendant’s favor because the law only determines the end result and not the means to the end.

Actually, as far as the single action of shutting down the computer resulted in the destruction of some the functioning of the computer, there is no way such defense could be accepted. REFERENCE LISTThe Blanch Law Firm (2012). Computer Tampering. Accessed July 30, 2012 from http://www.criminaldefenseassociates.com/index.php/resources/computer_tampering/