What are the standards for liability when it comes to computer crime?

When it comes to computer crime in California, the standards for liability are determined by what is known as the California Penal Code 502. Section 502 sets out the rules that must be followed to hold someone criminally responsible for a computer crime. In order to be criminally liable for a computer crime, it must be proven that the person committed an act, either with malicious intent or knowing it was a computer crime. The act must also be intentional or negligent, either way it must be proven that the criminal knew what they were doing. Additionally, the person must also have a purpose in mind, such as obtaining data, stealing money, or threatening someone, and then commit the act to accomplish that purpose. This means that even if a person breaks the law, but did not do so with the intention of breaking the law, then they may not be held criminally liable. The last criterion for criminal liability under Section 502 is that the person must have knowingly gained access to the computer, or that of another person, and then committed the crime. This means they must have taken some steps to cause the crime to occur, rather than just being an accidental or unwitting participant. Ultimately, when it comes to determining liability in California for computer crimes, the court will look at all of the circumstances to determine if the person acted with malicious intent or not. If the court finds that they did, then they may be held liable for the crime under the California Penal Code 502.

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