Virginia Code § 18.2-152.6 criminalizes the unauthorized use of computer systems and networks to obtain services without payment or authorization. These charges frequently arise in employment contexts, cloud computing disputes, and cases involving unauthorized use of network resources. D.J. Rivera provides expert technical and legal defense.
Virginia Code § 18.2-152.6 — Theft of Computer Services
It shall be unlawful for any person to use a computer or computer network, without authority and with the intent to obtain computer services, to obtain such services. A violation of this section shall be punishable as a Class 6 felony.
Theft of computer services is distinct from computer fraud and computer trespass in that it focuses specifically on the unauthorized use of computer resources — processing power, storage, bandwidth, software services, or network access — rather than the theft of data or the causing of damage. The statute covers situations where a person uses a computer system or network without authorization to obtain services they did not pay for or were not authorized to use.
Common examples include using an employer's cloud computing resources for personal cryptocurrency mining, accessing a paid software service using another person's credentials, using a company's network bandwidth for unauthorized purposes, and accessing computing resources through exploited vulnerabilities to perform computationally intensive tasks.
| Charge | Classification | Prison | Fine |
|---|---|---|---|
| Theft of Computer Services (Virginia) | Class 6 Felony | 1–5 years | Up to $2,500 |
| CFAA — Unauthorized Access (federal) | Federal Felony | Up to 5–20 years | Substantial |
| Wire Fraud (if electronic comms used) | Federal Felony | Up to 20 years | Substantial |
The "without authority" element is the primary defense in theft of computer services cases. Employees who use employer computing resources for personal tasks may have implicit authorization based on company culture, prior practice, or ambiguous policies. D.J. Rivera examines the defendant's authorization carefully, including the terms of any acceptable use policy, the employer's actual enforcement practices, and whether the defendant had reason to believe their use was permitted.
The prosecution must prove that the defendant obtained "computer services" of value. The valuation of computing resources — particularly in cases involving cloud computing, cryptocurrency mining, or network bandwidth — is highly technical and frequently disputed. D.J. Rivera retains technical experts to challenge the prosecution's valuation methodology.
The statute requires intent to obtain computer services without authority. Inadvertent use of resources beyond one's authorization — such as a misconfigured script that consumes more resources than intended — does not constitute theft of computer services. D.J. Rivera develops evidence of the defendant's purpose and the technical context of the alleged unauthorized use.
Theft of computer services cases require an attorney who understands cloud computing architectures, network resource accounting, and the technical details of how computing services are measured and billed. D.J. Rivera's engineering background — B.S. Computer Engineering, M.S. IT (Virginia Tech), D.Eng. Cybersecurity (GWU) — gives him the foundation to understand and challenge the technical evidence in these cases.
D.J. Rivera is available 24/7 for a free, confidential consultation.
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