Arizona criminal charge
Computer tampering in Arizona
Computer tampering is a criminal offense under Arizona law, defined by A.R.S. § 13-2316. Its classification is not fixed: Arizona assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by A.R.S. § 13-2316.
What is the penalty for computer tampering in Arizona?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 2.5 years to 7 years (Computer tampering — fraud/deceit scheme (A.1) — Applies when the tampering is committed under subsection A paragraph 1, involving a scheme to defraud, deceive, or control property/services by false pretenses.; presumptive 3.5 years; mitigated 2 / aggravated 8.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — fraud/deceit scheme (A.1) — Applies when the tampering is committed under subsection A paragraph 1, involving a scheme to defraud, deceive, or control property/services by false pretenses.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 18 months to 36 months (Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (non-critical infrastructure) (A.2, A.3, A.4) — Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is not a critical infrastructure resource.; presumptive 2.5 years; mitigated 1 year / aggravated 3.75 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (non-critical infrastructure) (A.2, A.3, A.4) — Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is not a critical infrastructure resource.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 4 years to 10 years (Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (critical infrastructure) — Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is a critical infrastructure resource.; presumptive 5 years; mitigated 3 / aggravated 12.5 years available only on at least two mitigating/aggravating circumstances (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (critical infrastructure) — Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is a critical infrastructure resource.; fine cap for an individual (13-801); drug and other offenses may set higher statute-specific amounts) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 9 months to 24 months (Computer tampering — harassment/terror scheme (A.5) — Applies when the tampering is committed under subsection A paragraph 5, involving a scheme directed at another person causing substantial emotional distress with no legitimate purpose.; presumptive 1.5 years; mitigated 6 months / aggravated 2.5 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — harassment/terror scheme (A.5) — Applies when the tampering is committed under subsection A paragraph 5, involving a scheme directed at another person causing substantial emotional distress with no legitimate purpose.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Computer tampering — unauthorized access to confidential government/health records (A.7) — Applies when the tampering is committed under subsection A paragraph 7, involving knowingly obtaining confidential or non-public records from certain state, health care, or laboratory systems.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — unauthorized access to confidential government/health records (A.7) — Applies when the tampering is committed under subsection A paragraph 7, involving knowingly obtaining confidential or non-public records from certain state, health care, or laboratory systems.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
| Jail / prison | 6 months to 18 months (Computer tampering — unauthorized access to computer/system/data (A.8) — Applies when the tampering is committed under subsection A paragraph 8, involving knowingly accessing any computer, computer system, network, software, program, or data without authority.; presumptive 1 year; mitigated .33 years / aggravated 2 years on required findings (13-701, 13-702(B)-(D)); repetitive (13-703) or dangerous (13-704) offenses use different ranges; a class 6 felony may be designated a class 1 misdemeanor under 13-604) | presumptive | A.R.S. § 13-702 |
| Fine | up to $150,000 (Computer tampering — unauthorized access to computer/system/data (A.8) — Applies when the tampering is committed under subsection A paragraph 8, involving knowingly accessing any computer, computer system, network, software, program, or data without authority.; fine cap for an individual (13-801); statute-specific amounts may exceed) | discretionary | A.R.S. § 13-702 |
Applies to first felony offense, non-dangerous; presumptive term 3.5 years.
How is computer tampering classified in Arizona?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Computer tampering — fraud/deceit scheme (A.1) | Class 3 Felony | Applies when the tampering is committed under subsection A paragraph 1, involving a scheme to defraud, deceive, or control property/services by false pretenses. | A.R.S. § 13-2316E |
| Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (non-critical infrastructure) (A.2, A.3, A.4) | Class 4 Felony | Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is not a critical infrastructure resource. | A.R.S. § 13-2316E |
| Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (critical infrastructure) | Class 2 Felony | Applies when the tampering is committed under subsection A paragraph 2, 3, or 4 and the computer, system, or network tampered with is a critical infrastructure resource. | A.R.S. § 13-2316E |
| Computer tampering — harassment/terror scheme (A.5) | Class 5 Felony | Applies when the tampering is committed under subsection A paragraph 5, involving a scheme directed at another person causing substantial emotional distress with no legitimate purpose. | A.R.S. § 13-2316E |
| Computer tampering — unauthorized access to confidential government/health records (A.7) | Class 6 Felony | Applies when the tampering is committed under subsection A paragraph 7, involving knowingly obtaining confidential or non-public records from certain state, health care, or laboratory systems. | A.R.S. § 13-2316E |
| Computer tampering — unauthorized access to computer/system/data (A.8) | Class 6 Felony | Applies when the tampering is committed under subsection A paragraph 8, involving knowingly accessing any computer, computer system, network, software, program, or data without authority. | A.R.S. § 13-2316E |
Common questions about computer tampering in Arizona
Is computer tampering a felony or a misdemeanor in Arizona?
It depends on the circumstances: computer tampering ranges from a Class 6 Felony to a Class 2 Felony in Arizona under A.R.S. § 13-2316.
Computer tampering — fraud/deceit scheme (A.1): Class 3 Felony (A.R.S. § 13-2316E) · Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (non-critical infrastructure) (A.2, A.3, A.4): Class 4 Felony (A.R.S. § 13-2316E) · Computer tampering — altering/damaging data, introducing contaminant, or disrupting service (critical infrastructure): Class 2 Felony (A.R.S. § 13-2316E) · Computer tampering — harassment/terror scheme (A.5): Class 5 Felony (A.R.S. § 13-2316E) · Computer tampering — unauthorized access to confidential government/health records (A.7): Class 6 Felony (A.R.S. § 13-2316E) · Computer tampering — unauthorized access to computer/system/data (A.8): Class 6 Felony (A.R.S. § 13-2316E)
What are the penalties for computer tampering in Arizona?
Penalties for computer tampering in Arizona depend on how it is classified — from a Class 6 Felony up to a Class 2 Felony — with the ranges set by A.R.S. § 13-702; the full table of ranges by variant is published on this page.
Which Arizona statute covers computer tampering?
Computer tampering is governed by A.R.S. § 13-2316 (Computer tampering; venue; forfeiture; classification).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.