Posted on October 27, 2023 in Arizona Law
In the digital age, where personal devices hold significant amounts of our private data, understanding your rights regarding electronic privacy becomes crucial. In Arizona, as is true nationwide in the United States, it’s indeed illegal to hack into someone else’s phone without their consent.
Federal laws like the Computer Fraud and Abuse Act (CFAA), Stored Communications Act (SCA), and the Electronic Communications Privacy Act (ECPA) govern these issues.
The CFAA was established in 1986, primarily to shield computer systems within federal entities and financial institutions from hacking.
Now its provisions apply broadly to include all types of computers across the country – smartphones, tablets, and desktops – covering activities such as unauthorized access to sensitive national security data or being engaged in fraud through computers.
Similarly addressing the invasion of electronic privacy is the SCA – it is intended to safeguard data, which could range from emails, text messages, social media accounts, and cloud-stored data. This law zeroes in on breaches related to unauthorized use of company email by staff members, password theft, or any other forms of stored data misuse.
Finally, the ECPA protects your privacy from unauthorized access or use of private digital information. This law imposes strict restrictions to curb wiretapping and intercepting digital signals or data.
These laws make hacking — whether a smartphone or any other personal device — punishable at the federal level.
Arizona has its own strong laws to deter cybercrime, and phone hacking falls within this category. Any individual found guilty under state cybercrime laws may face misdemeanor or felony charges in Arizona; the actual charge and severity depend on the particular actions taken.
The state legislature has codified specific statutes to curtail cybercrime. Within these provisions lies A.R.S. § 13-2316 – computer tampering.
Computer tampering can be understood as the unauthorized access to another individual’s computer, data, or other digital information. This is conducted without the owner’s consent and with the intention to corrupt, destroy, steal, or alter this information.
Considering its broad coverage of electronics within the statute’s purview, it probably encompasses activities involving not just computers but also handheld smart devices and tablets.
If you face charges relating to phone hacking or any form of cybercrime, a skilled legal representative can provide support to defendants in various ways:
A lawyer will help decipher the complex nature of cyber law terminology and clearly explain what charges you’re facing and what your next steps should be.
They’ll construct a solid defense by collecting necessary evidence. For example, digital footprints left behind by someone else showing you didn’t commit the crime or uncovering errors made during the investigation that could be advantageous for your case.
Your attorney will develop strategic defenses tailored to your case. Possible defense strategies might involve challenging the legality of evidence obtained or arguing a lack of intent.
If a trial is not in your best interest, an experienced attorney can navigate plea deal negotiations on your behalf – these deals often result in reduced charges and lighter sentencing.
Your lawyer will present articulate arguments and evidence to the judge or jury during court proceedings, rigorously defending your rights and innocence throughout the trial and all other hearings.
Should the need arise, an attorney can also assist in advocating for lenient sentencing or challenging a decision through the appeals process.
For more information, contact the Criminal Defense Attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
