Computer Crimes

Computer and internet-related charges often turn on highly technical digital evidence. That evidence deserves the same scrutiny as any other.

How these investigations start

Most computer crime cases in Pennsylvania begin long before an arrest. Platforms like Google and Meta detect flagged files and report to the National Center for Missing and Exploited Children, whose CyberTips route to Pennsylvania's Internet Crimes Against Children task force. Police software separately monitors peer-to-peer networks for flagged file hashes. An IP address gets subpoenaed into a subscriber name and address, and a search warrant follows at the door.

That sequence contains the case's first defenses. An IP address identifies a household's connection — not a person. Shared homes, open Wi-Fi, and multi-user devices all complicate the attribution the Commonwealth needs.

The charges — and the state-federal divide

Pennsylvania's hacking statutes — unlawful use of a computer, disruption of service, computer trespass — are third-degree felonies. In cases involving child sexual abuse material, knowing possession or intentional viewing is a third-degree felony for a first offense and dissemination the same, with both escalating to second-degree felonies for repeat offenses or aggravating factors — and each file can be charged as a separate count. Unlawful contact with a minor and sexual extortion carry their own gradings, and convictions under the CSAM statutes carry sex-offender registration of fifteen years to life.

The most consequential fact in many of these cases is which courthouse they land in. Federal law imposes a five-year mandatory minimum for receipt or distribution — a mandatory Pennsylvania simply does not have. Cases involving distribution evidence, large collections, or multi-state conduct are more likely to be adopted federally. Early, quiet advocacy about charging decisions, made while the forensic review is still underway, can be the most important work in the entire case.

Devices, forensics, and the knowledge element

Seized devices go to a forensic lab for months. Charges typically follow the forensic report, not the search — and that window is when the defense catches up: scrutinizing the warrant, retaining a defense forensic expert, and protecting the client from interviews. The knowledge element matters enormously: files in browser caches, thumbnails, deleted space, or auto-synced folders may not prove knowing possession, and peer-to-peer software that shares a download folder by default is often the difference between a possession charge and a distribution charge. User attribution — who was at the keyboard — is a genuine trial issue, not a formality.

Attorney Prince Charles Yakubu

Common Questions

How do computer crime investigations usually start?

Most begin with a CyberTipline report — platforms detect a flagged file and report to the National Center for Missing and Exploited Children, which forwards it to Pennsylvania's ICAC task force — or with police software monitoring peer-to-peer networks. Investigators subpoena the internet provider to match an IP address to a home, then execute a search warrant. An IP address identifies a connection, not a person.

What is the difference between possession, receipt, and distribution charges?

In Pennsylvania, knowing possession or intentional viewing of CSAM is a third-degree felony for a first offense; dissemination is graded similarly but both escalate for repeat offenses and aggravating factors. Federally, the gap is dramatic: possession has no mandatory minimum, while receipt or distribution carries a five-year mandatory minimum. File-sharing software that uploads automatically is often the dividing line.

The police took my computer and phone. What happens now?

Seized devices go to a forensic lab, where examiners create verified copies and search them under the warrant's terms — a process that can take months. Charges often follow the forensic report rather than the search. That window is when counsel can scrutinize the warrant, retain a defense forensic expert, and protect against interviews. Devices are rarely returned quickly.

When does a computer case become federal instead of state?

Any internet transmission technically supports federal jurisdiction, so the real question is prosecutorial choice. Cases involving distribution, production, large collections, prior offenses, or multi-state conduct are more likely to be adopted federally, where mandatory minimums are far harsher. Purely local matters more often stay in county court — and where a case is charged can matter more than almost anything else.

This page provides general information about Pennsylvania law. It is not legal advice, and reading it does not create an attorney-client relationship. Every case is different — speak with an attorney about your specific situation.

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