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  1. #13
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    Default Re: Unlawfully Accessing a Computer and Deleting Files

    Quote Quoting maxamillion125
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    My friend was charged with unlawful use of computer and criminal intent for deleting a company website and some files.
    Presumably this:
    Quote Quoting Idaho Statutes, Sec. 18-2202. Computer crime.
    (1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any computer, computer system, computer network, or any part thereof for the purpose of: devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft; commits computer crime.

    (2) Any person who knowingly and without authorization alters, damages, or destroys any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime.

    (3) Any person who knowingly and without authorization uses, accesses, or attempts to access any computer, computer system, or computer network described in section 18-2201, Idaho Code, or any computer software, program, documentation or data contained in such computer, computer system, or computer network, commits computer crime.

    (4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation of the provisions of subsection (3) of this section shall be a misdemeanor.
    Quote Quoting maxamillion125
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    It's very easy to show a police officer that your website is offline and to show them company files are missing on a drive. Then telling them this IT employee whiz is the only one with credentials to access the website so therefore he must have taken it offline. His home computer's were seized during the arrest.
    You have told us that he deleted the files. He may hope to lie to the police, and hope that the forensic trail won't lead back to his IP address and accounts, but we are not in a position to comment on the evidence trail.
    Quote Quoting maxamillion125
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    Apparently he was unfairly "fired" during this confrontation and made a little scene on the way out. Which would show motive, combined with the majority owner falsifying information hence the trumped up charges.
    You told us that your friend deleted the files after he was fired, so nothing about the charge is "trumped up".
    Quote Quoting maxamillion125
    Because the charge implies it was unauthorized and without the consent of the owner. He was portrayed as simply a regular hourly employee rather then an owner and share holder in the company with privileges.
    Again, nothing about being a co-owner (let alone one who cannot document an actual ownership interest) gives you the right to sabotage a business. And obviously, nothing about being a fired, former hourly employee gives you the right to sabotage a business.

    I'll add this: A cache of your former employer's website, which is still down, describes your boss as "the owner" (not "an owner") of the business, and describes you as the chief operations officer without describing any ownership interest. (You're a computer guy, yet you ignored the instruction about not using a username that would allow people to figure out who you are?)

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