Virginia & Federal Computer Crimes Defense
§18.2-152 & §18.2-374 Series • 18 U.S.C. §1030 (CFAA) & §2252A • EDVA
With D.J. Rivera’s strong computer technology background, clients receive cutting-edge technical defenses for traditional computer crimes and sex-related digital offenses in both state and federal court.
§ 18.2-152.3 — Computer Fraud
Any person who uses a computer or computer network, without authority and: (1) Obtains property or services by false pretenses; (2) Embezzles or commits larceny; or (3) Converts the property of another; is guilty of the crime of computer fraud.
Penalties: Class 5 felony (if value ≥ $1,000) or Class 1 misdemeanor.
§ 18.2-152.4 — Computer Trespass
It is unlawful for any person, with malicious intent or through intentionally deceptive means and without authority, to damage, alter, disable data/programs, install malware/keyloggers, etc.
Penalties: Class 1 misdemeanor; Class 6 felony if damage ≥ $1,000 or government systems affected.
§ 18.2-152.5 — Computer Invasion of Privacy
Intentionally examining without authority any employment, salary, credit, or identifying information relating to another person.
Penalties: Class 1 misdemeanor; Class 6 felony on repeat or if used in another crime.
§ 18.2-152.6 — Theft of Computer Services
Willfully obtaining computer services without authority.
Penalties: Class 1 misdemeanor; Class 6 felony if value ≥ $2,500.
§ 18.2-152.3:1 — Transmission of Unsolicited Commercial Electronic Mail (Spam)
Using a computer with intent to falsify transmission information in connection with bulk spam.
Penalties: Class 1 misdemeanor; Class 6 felony for high volume.
§ 18.2-152.7:1 — Harassment by Computer (Cyberbullying / Cyberstalking)
Using a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language with intent to coerce, intimidate, or harass.
Penalty: Class 1 misdemeanor (enhanced on repeat).
§ 18.2-374.1 — Production or Distribution of Child Pornography
Any person who produces or distributes child pornography, or possesses it with intent to distribute, is guilty of a felony.
Penalties: 5–20+ years (mandatory minimums).
§ 18.2-374.1:1 — Possession of Child Pornography
Knowing possession of any visual representation of a minor engaged in sexually explicit conduct.
Penalties: Class 6 felony (first offense); enhanced on subsequent offenses.
§ 18.2-374.3 — Use of Communications Systems to Facilitate Offenses Involving Children (Online Solicitation)
Using a computer or electronic device to solicit, seduce, or entice a minor (or person believed to be a minor) to engage in sexual activity.
Penalties: Class 6 felony (can be enhanced to higher felonies).
18 U.S.C. § 1030 — Computer Fraud and Abuse Act (CFAA)
Unauthorized access, obtaining information, causing damage, fraud, etc.
Penalties: Up to 10–20+ years.
18 U.S.C. § 2252A — Child Pornography Offenses
Possession, receipt, distribution, or production of child pornography via computer.
Penalties: 5–20+ years (mandatory minimums).
18 U.S.C. § 2422(b) — Coercion and Enticement of a Minor
Online solicitation/grooming of a minor.
Penalties: 10 years to life (mandatory minimum 10 years).