Chapter 7 - Criminal Law and Cyber Crime

misdemeanor

a lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other that a state or federal penetentiary

hacker

a person who uses one computer to break into another. Professional computer programmers refer to such persons as "crackers"

worm

a type of malware that is designed to copy itself from one computer to another without human interaction. Can copy itself automatically and can replicate in great volume and with great speed. (ex. can send out copies to every contact in your email address book)

virus

a type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data

crime

a wrong against society proclaimed in a statue and punishable by society through fines and/or imprisonment- or in some cases death

computer crime

any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution

mens rea

criminal intent. a wrongful mental state, which is as necessary as a wrongful act to establish criminal liability. What constitutes a guilty mental state varies according to the wrongful action

petty offense

in criminal law, the least serious kind of criminal offense, such as a traffic or building code violation

duress

unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would otherwise not perform

phishing

online fraud in which criminals pretend to be legitimate companies by using emails or malicious web sites that trick individuals and companies into providing useful information, such as bank account numbers, SSN, and credit-card numbers

white-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

cyber crime

a crime that occurs online, in the virtual community of the Internet, as opposed to the physical world

felony

a crime- such as arson, murder, rape, or robbery- that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life

actus reus

a guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime

money laundering

falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business or enterprise-in effect "laundering" the "dirty money"

cyber fraud

fraud that involves the online theft of credit-card information, banking details, and other information for criminal use

malware

malicious software programs designed to disrupt or harm a computer, network, smartphone, or other device

botnet

short for robot network- a group of computers that run an application that is controlled and manipulated only by the software source. Although the network is sometimes legitimate, usually this term is reserved for a group of computers that have been infected by malicious robot software. Each connected computer becomes a zombie or drone

robbery

the act of forcefully and unlawfully taking personal property of any value from another. Force or intimidation is usually necessary for an act of theft to be considered robbery

identity theft

the act of stealing another's identifying information-such as name, date of birth, or SSN- and using that information to access the victim's financial resources

embezzlement

the fraudulent appropriation of funds or other property in a manner established by either express or implied aggreement

forgery

the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

arson

the malicious burning of another's dwelling. some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means- for example, explosion

beyond a reasonable doubt

the standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty, "beyond and to the exclusion of every reasonable doubt." a reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her

burglary

the unlawful entry into a building with the intent to commit a felony. some state statutes expand this to include the intent to commit any type of crime

larceny

the wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify it as grand or petit, depending on the property's value