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WHAT IS COMPUTER CRIME / CYBERCRIME IN NEVADA?
Nevada's computer crime statute prohibits unauthorized access to computer systems, networks, or data. This includes hacking, unauthorized access to accounts, deploying malware, and accessing computer systems to commit fraud or theft.
WHAT THE PROSECUTION MUST PROVE
To convict you of Computer Crime / Cybercrime in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant accessed a computer, system, or network
The access was unauthorized or exceeded authorized access
The defendant acted knowingly and willfully
The access was for the purpose of fraud, theft, or damage
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR COMPUTER CRIME / CYBERCRIME IN NEVADA
Unauthorized access only
Category C Felony — 1–5 years prison
Access with intent to defraud
Category B Felony — 1–10 years prison
Federal charges (CFAA)
Up to 10 years federal prison per count
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending computer crime / cybercrime charges
Cybercrime cases are technically complex. I work with digital forensics experts to challenge how evidence was collected, whether IP addresses were properly attributed, and whether access was truly 'unauthorized.'
Many cybercrime cases arise from workplace situations where an employee accessed systems they previously had authorization to use. The line between authorized and unauthorized access is often contested.
IP address evidence is not as definitive as prosecutors suggest — shared networks, VPNs, and spoofed addresses mean an IP address alone does not prove identity.
Federal charges under the Computer Fraud and Abuse Act (CFAA) are common in cybercrime cases and carry severe penalties. Understanding the federal exposure is critical from day one.
If you are under investigation for cybercrime, preserve all evidence of your own — logs, communications, and records showing the scope of your authorization.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO COMPUTER CRIME / CYBERCRIME
Every case is unique, but these are the defenses most commonly raised in computer crime / cybercrime cases in Nevada:
Authorization — defendant had permission to access the system
Lack of criminal intent — accessing system by mistake
Insufficient evidence linking defendant to the access
IP address evidence does not prove identity
Entrapment or government overreach