criminal use of a communication device

In today’s digital age, the use of communications devices has become an integral part of everyday life. Even a few decades ago when phones were first created, people were using them to set up crimes or aid in criminal activity. Since these devices can be used for illegal purposes, states have implemented laws to regulate and prosecute individuals who engage in criminal use of a communications device or facility. Pennsylvania is no exception.

Now, the simple use of a communications device in a crime can lead to a criminal charge. If you have been accused of criminal use of a communications device, you need a criminal defense attorney. The attorneys at Lermitte & Lubin, LLC are ready to help.

What is Criminal Use of a Communications Device

What is Criminal Use of a Communications Device?

Criminal use of a communications device – also known as “criminal use of a communications facility” – refers to the act of using any electronic communication device or facility to facilitate or commit illegal activities. Such devices include:

  • Smartphones
  • Computers
  • Tablets
  • Smartwatches
  • Other forms of technology that allow for communication between people

The type of communication can be over text, phone call, email, or voice message, as long as it is an intentional attempt to communicate a crime.

Types of Criminal Use of a Communications Device

Types of Criminal Use of a Communications Device

Criminal use of communication devices can take many forms. These different forms can include:

  • Cyberbullying: This involves the use of communication devices to harass, intimidate, or threaten other people. Cyberbullying can take on many forms, from sending threatening messages to spreading rumors online.
  • Identity Theft: Criminals can use communication devices to steal personal information, such as social security numbers, bank account details, and credit card information. This data can be used to commit fraud or other crimes.
  • Phishing: This is a technique used by criminals to trick individuals into revealing sensitive information. It often involves sending fraudulent emails that appear to come from legitimate sources.
  • Spreading Malware: Malicious software – or malware – can be spread through communication devices. This software can damage systems, steal information, or gain unauthorized access to networks.
  • Online Stalking: This is the use of the internet or other electronic means to stalk or harass an individual or group. It may include false accusations, defamation, slander, and libel.
  • Internet Fraud: This type of crime involves the use of internet services to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme.
  • Hacking: This involves gaining unauthorized access to a computer system or network, often with malicious intent.

Each of these crimes carries its own set of penalties, which can range from fines to imprisonment, depending on the severity of the offense and the jurisdiction in which it occurs.

Examples of Criminal Use of a Communications Device

Examples of Criminal Use of a Communications Device

There are many different ways in which a communications device can be used for criminal purposes. Some common examples include:

  • Sending threatening or harassing messages via text, email, or social media
  • Using a phone to plan and execute a robbery
  • Using online platforms to engage in identity theft
  • Coordinating the sale of illegal drugs through messaging apps

These are just a few examples, but any use of a device or facility for criminal purposes can be considered an offense under this law.

Penalties for Criminal Use of a Communications Device in Pennsylvania

In the state of Pennsylvania, criminal use of a communications device is considered a felony offense. This means that individuals convicted of this crime can face significant penalties, including:

  • Imprisonment: A person convicted of this crime can be sentenced to imprisonment for no more than seven years.
  • Fine: In addition to imprisonment, a person can also be fined up to $15,000.

The severity of the penalty will depend on the specific circumstances of the case, such as the type of crime committed, any prior convictions, and the degree of harm caused to victims. For example, a first-time offender who engages in cyberbullying will likely face a lighter penalty than someone with multiple prior convictions for identity theft.

Defenses for Criminal Use of a Communications Device

Defenses for Criminal Use of a Communications Device

If you have been charged with criminal use of a communications device in Pennsylvania, there are a few defenses that may be available to you. These include:

  • Lack of intent: In order to be convicted, the prosecution must prove that you knowingly and intentionally used the device for criminal purposes.
  • Lack of evidence: The government must have sufficient evidence to prove that you did, in fact, use a communications device for criminal activities. If there is not enough evidence, the charges may be dropped.
  • Constitutional rights violations: If your constitutional rights were violated during the investigation or prosecution of this offense, it may be possible to have the charges dismissed.

Contact the Criminal Defense Attorneys at Lermitte & Lubin, LLC for Help

It’s important for everyone to be aware of these laws and understand the potential consequences of using their devices for illegal activities. If you are facing such charges, you should seek legal representation to defend your rights and build a strong defense immediately. If you need help, contact our criminal defense defense attorneys today.

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