April 11, 2025 | Criminal Defense
In Kentucky, hacking into someone’s phone or accessing their information without permission is taken very seriously. Laws exist to protect individual privacy, and breaking these laws can lead to severe penalties and criminal charges.
If you’re a defendant facing charges of hacking into someone’s device, you could face significant legal consequences affecting your personal life and your future. Understanding clearly how the law applies and what defenses might be available can make it easier to handle the charges.
Unlawful Access to a Computer
In Kentucky, gaining access to someone’s cell phone or another device without their consent is considered a crime, known as unlawful access to a computer. Because cell phones work using computer programs and can hold and share data, they’re legally counted as computers.
Unlawful Access to a Computer in the First Degree
This charge can happen if someone illegally accesses a phone or computer intending to commit fraud or obtain money or property through false statements. These charges are serious, leading to substantial fines and the risk of serving time in prison.
Unlawful Access to a Computer in the Second Degree
If someone unlawfully accesses a device and causes $300 or more in damage or loss, it’s categorized as a second-degree offense. The damage could involve altering, destroying, or removing someone else’s files, information, photos, or data.
Unlawful Access to a Computer in the Third Degree
Accessing someone’s device unlawfully and causing damage totaling under $300 is considered a third-degree offense. The penalties may be less severe, but a conviction can still result in consequences including fines and a criminal record.
Unlawful Access to a Computer in the Fourth Degree
In cases where someone gains unauthorized access but causes no measurable damage, they can still be charged under this fourth-degree category. Even without direct losses, the unauthorized access by itself violates privacy laws, which carry important legal concerns.
Misuse of Computer Information
Misuse refers to receiving or using information, data, or financial gains you know came from unlawful computer access, specifically related to first-degree offenses involving fraud. This charge is comparable to benefiting from someone else’s unauthorized hacking activities.
If you’ve been accused of hacking into a phone or computer in Kentucky, you need knowledgeable legal guidance.
Penalties for Hacking Into a Phone or Computer in Kentucky
Penalties for hacking or illegally accessing someone’s phone or computer can be severe in Kentucky. The exact punishment depends on how serious the crime is and what harm resulted. It’s important to understand the possible outcomes clearly if you’re facing charges.
First Degree – Class C Felony
Penalties for this class C felony are harsh and can include between 5 to 10 years in prison and fines ranging from $1,000 up to $10,000.
Second Degree – Class D Felony
A person convicted of this Class D felony in Kentucky can expect to serve between 1 and 5 years in prison and may also receive a fine from $1,000 to $10,000.
Third Degree – Class A Misdemeanor
Although it’s less severe than higher degrees, this can still significantly affect someone’s record and result in penalties of up to 12 months in jail and up to $500 in fines.
Fourth Degree – Class B Misdemeanor
Even without visible harm, you can be charged with unauthorized entry into someone’s device in the fourth degree, which is still illegal. It is punishable as a misdemeanor with up to 90 days in jail and a fine of up to $250.
Misuse of Computer Information – Class C Felony
Knowingly receiving or using information gained through someone else’s unlawful computer access – mostly tied to serious offenses like fraud – is charged as misuse of computer information. It carries the same severe penalties as for first-degree unlawful access, meaning prison time between 5 to 10 years and large fines.
If you’re facing hacking charges in Kentucky, a clear understanding of these penalties can help in taking informed steps forward. If you have any questions, don’t hesitate to contact us today to schedule a free consultation with a criminal defense lawyer.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212
Lexington, KY 40507
