Iowa False or Misleading Educational Degrees, Grades or Honors

In Iowa lying on an academic degree can be a crime - 715A.6A Here in Iowa anyone making a false representation about a degree, Attorney Lombardi, 515-222-1110.

Can a non-driver be guilty of vehicular homicide?

According to the Iowa Supreme Court’s ruling in State of Iowa vs Orlando Rodriquez of Des Moines the answer is yes, a passenger who is guilty of the co-commission of a crime can be guilty of a crime committed by the driver of the get-a-way car.

Criminal Law Drunk Driving - What you need to know about our services.

: If you’ve been arrested for drunk driving you need to see an attorney within the first ten days after your arrest. Todd Miler has been representing people arrested for OWI or OMVUI for over 10 years. You need to call him for an immediate appointment.

Gangsters, Banksters and RICeO’s abound with new and old fraudulent schemes

And in other news having a questionable financial angle… it’s been a very busy week for new and old financial rip-off schemes by blue, black, grey, pink and white collared criminals. Our old friend Scott Rothstein, who pleads guilty to operating a $1.3 billion Ponzi scheme from his law office in south Florida, was sentenced to 50 years in a federal prison. Is $1.3 billion enough to create a cloud of suspicion for other criminal activity? Meanwhile his former office manager awaits her fate after being charged in the matter and the investors await further criminal charges and the recoupment of their investments.

MySpace, Facebook and Twitter: do you know who your friends are?

Last week, pursuant to a lawsuit filed against the U.S. government under the Freedom of Information Act, the government had to concede that it has in fact been doing the same thing. They even have a “how to” document for its agents, instructing them how to obtain information about Americans through pretending to be something they are not, primarily on MySpace, Facebook, Twitter and LinkedIn, all popular social networking internet sites.

SHOW ME YOUR PAPERS!

Lately I’m growing more and more concerned that we are moving towards living in a police state. Today I hear that the Des Moines Police Department entered Peggy’s, the popular Drake University hangout, and demanded to see everyone’s identification. Is this the USSR? Nazi Germany?

Why do criminal defendants need a bonsman?

Whenever a person is arrested in Iowa the Court is going to need some assurance that the arrested person will appear at their upcoming court dates. The easiest way to make sure that they appear is to require them to remain in jail. Fortunately, in almost every case an amount of money is set as bail which a person can post with the Clerk of Court to obtain release from jail. For minor offenses, often times the judge will release someone on their own recognizance, which is their simple promise to appear for court.

The government has found a way to save money: scare the officials with criminal misconduct!"

The State of Iowa has started charging government officials with crimes for mismanagement and abuse of tax money. That’s right! So where have they elected to begin? The first to be charged are Tom Wheeler, Wendy Weiner Runge and Matthias Alexander Saunders, although it appears Wheeler is the only person holding an official position. These felony and misdemeanor criminal charges are all apart of the so-called Iowa Film Office scandal. The charges include allegations of theft and misconduct in office: the State prosecutor claims that their expenses were just too much.

Criminal Law Commentary: It is time to decriminalize marijuana in Iowa.

It is time to decriminalize marijuana in Iowa. Nebraska has. Minnesota has. So have Ohio, New York, Massachusetts, California, Oregon, Colorado, Mississippi, North Carolina and Nevada. In any of those states, a person in possession of marijuana for purely recreational purposes can not be sent to jail or prison. They can only receive a fine. Decriminalization doesn’t mean its legal, just like speeding isn’t legal. It just means that we shouldn’t be sending a person to jail or prison for possessing a small amount of marijuana.

Michael Jackson was just like the rest of us.

The King of Pop is dead.  Why did he die?  If one can believe rumors, i.e. "the news", then we should believe that he died of a prescription drug overdose.  The question becomes whether it was purely accidental, or something more sinister.  Michael Jackson's family appears to blame Michael's personal physician.  The allegation appears to be that the good Doc was injecting or otherwise providing Michael with prescription meds.  If this had occurred in Iowa, it is possible that the physician, and perhaps others, could be facing criminal charges for homicide and delivery of drugs.
 
According to the Centers for Disease Control, unintentional fatal drug overdoses nearly doubled from 1999 to 2004 and were the second leading cause of accidental death in the United States in 2004, behind only automobile crashes.  Deaths from accidental overdoses increased to 19,838 in 2004, from 11,155 in 1999.
 
OxyContin, as well as their generic cousins oxycodone and hydrocodone, are from the same family of drugs as heroin. Some refer to these drugs as "hillbilly heroin."  Used correctly, they ease the pain of people recovering from surgery or coping with terrible back pain. They can become powerfully addictive drugs that users need more and more of to get high. Before long, many users live for their next pill and will do anything to get it — just like heroin addicts. And if painkiller abusers are also drinking alcohol or taking allergy medications, they can wind up shutting down their lungs.  Some states have criminally charged the manufacturers of these drugs for misrepresenting the damage that they can cause.  There are also civil lawsuits pending regarding addiction and abuse against the manufacturers.
 
Do people get charged in Iowa in these types of cases?  Absolutely.  One needs to look no farther than last month in Plymouth County.  Nicholas Clay, a 20 year-old man from Akron, died of an overdose.  The State has charged 18 year-old Justin Bringman and 39 year-old Stuart Barton for their involvement in his death.  Both are facing very long prison sentences.
 
Even if someone does not overdose or suffer any harm, it is a felony in Iowa merely to give someone a prescription medication, even if just one pill.  Simple possession of a prescription medication without a prescription is a misdemeanor.  It goes without saying that these cases have far reaching ramifications, beyond the prison sentences and fines.
 
Michael Jackson's friends and family are rushing around telling everyone who will listen that he was in great shape and otherwise healthy.  An argument could be made that Michael was a co-conspirator in his own death, but that's for the lawyers to decide.  We need much more information than what's provided through the media.  Only time will tell if the Doc is  criminally or civily liable.

and Vicodin

Media trials, domestic abuse and murder in Iowa.

Domestic assault or abuse charges are one of the most frequently charged crimes.  They also carry some of the worst penalties, not to mention the negative stigma which attaches.  Often charges are filed against the spouse that does not call the police.  In other words, whomever calls the police first, wins.  These cases are often extremely difficult to sort through for everyone involved.  Because of the penalties and stigma, false reports are often filed.  One spouse attempts to obtain the upper hand for a variety of reasons and false charges can be filed.  
 
Undoubtedly there are violent domestic situations.  I've had family members suffer at the hands of a violent abuser.  Many of the violent crimes, and most of the murder cases I've been involved in, have had a domestic component.  This weekend I heard that a Des Moines man named Charles Ralph Fenton has been charged with murder in Madison County and that it had a domestic component, and this brought these and other issues to mind again. 
 
The media has regurgitated the State's version, which is usually to charge the guy with murder in the first degree and then sort it out later.  (There are women who are also charged with these types of crimes).  Of course Mr. Fenton does not have the ability nor the resources to spoil the jury pool the way the State always does.  Having had many trials in Madison County and other domestic murder cases in other rural Iowa counties, the State knows this information will spread like wildfire.  I guarantee everyone in Winterset, St. Charles, Peru, Earlham and on and on has heard about this case.  I have had a case moved before from Madison County due to media attention and community bias.  Don't get me wrong, they are good people, but they are people and human nature will take over and as a society we demand a fair trial.  I only hope that the media will consider Mr. Fenton's rights to due process and a fair trial.  We all need to remember that he is innocent until proven guilty beyond a reasonable doubt.  But has this become "justice" in our society these days where we are so quick to convict?  The government is always the most well-represented and richest party in the courtroom.  Plato said long ago, "justice is but the interest of the stronger."  Was he right?
 
And since I am quoting, here is another to keep in mind with regards Charles Fenton or any other case that the government tries in the media:  "Where there is room for question, something is wrong."  Here is a question: the reports in the media say that Mr. Fenton was hospitalized after the incident.  Why?
 
As I said before, often times women are charged in these cases.  If you will recall, Mary Winkler was charged with murder in Tennessee in 2007 with shooting her preacher husband in the head with a shotgun.  It was all over the media.  Dr. Lynne Zager testified for the defense in that case.  I have worked with Dr. Zager before and know from experience she is a well-qualified expert.  Dr. Zager testified in the Winkler case that Mrs. Winkler could not have formed the intent to kill due to a compromised mental condition and she would have dissociative episodes.  Winkler was convicted of voluntary manslaughter, served a brief prison sentence, and later obtained custody of her children.
 
As Thomas Jefferson said, "The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive."  We need to resist everyone of the government's attempts to poison a trial.  Alright, one more quote and then I'm done: "Our liberties we prize and our rights we will maintain."  Our state motto.  Its on the flag.  The same flag that bears the name of the first party listed in every criminal case in Iowa.  We the people need to hold them (us) to it, in every case.  No matter what, no matter the charge.  There is nothing more important.

Caught on video at Des Moines City Hall.

Theft involves the taking of property of another.  The last I knew, this is still America and in order to be convicted of a crime requires, among other things, proof beyond a reasonable doubt.  Its easy to take aim at persons accused of crime and criminal defense attorneys, but walk with me one day, meet my clients and you will feel differently about the fight to preserve our way of life.  Its cases like Ryan Wacome's that erode our rights little by little.
 
According to the Des Moines Register, Ryan Wacome has been charged with a series of thefts at Des Moines City Hall.  Wacome was a 20 year-old janitor.  The Register says that small amounts of money were missing from desks over the past month so they contacted the Des Moines Police Department and set up a sting operation.  A detective put a "small amount of money" in a desk and placed a camera to record whatever occurred.  The camera allegedly caught Wacome removing the money.  I hope he has not been charged with the other alleged thefts as has been reported.  It would be one thing for him to agree to make restitution for the other amounts of money, but it would likely be a violation of his rights to get convicted of the other alleged thefts.  Even if he confesses, Iowa criminal law requires more than that for an otherwise uncorroborated crime.  I would also be curious to hear what evidence there is that the other thefts actually did occur.  I keep some pennies and nickels in my desk but I can't tell you how many.  Let me look, hmmmm, I thought I had a few more.  Better call the Des Moines PD and set up a sting.
 
But here is the other thing: video and photographic evidence are sometimes the most unreliable evidence.  Look at this photograph of an alleged burglary yesterday in Des Moines.  Jurors are common people just like you or I, and if its difficult to tell who is in the photo, then that is not proof beyond a reasonable doubt.  Thankfully most jurors are cognizant of that fact.  I once had a convenience store robbery case where it was caught on surveillance video.  The clerk alleged a weapon was displayed and she was stuck in the cooler.  There was a cop in the parking lot and my client was nabbed walking out the door into the parking lot.  It was 5 a.m.  Very few other persons were around.  The person in the video did resemble my client and he was facing a 62-year prison sentence.  For good reason, my client is a free man today.  A photo is not always worth a thousand words.

OWI: Iowa Corn Indy 250 Fans

The Iowa Speedway has been an economic boom for the City of Newton, Iowa.  And here comes the Iowa Corn Indy 250 which will be the boom for the local law enforcement to fill their annual budget.  This means arrests for anyone seen in public who resembles a drinker of alcohol.  Fines will be levied and assessments made for "room and board" for jail sentences.  I expect the arrests will largely be for OWI, which is also known as DUI or drunk driving, interference with official acts, assault on a peace officer, and public intoxication.  Even if you haven't been drinking, officers' reports will indicate a strong smell of alcohol, bloodshot watery eyes and slurred speech- only the names will be changed.  In my experience with these types of events, local law enforcement will have virtually all hands on duty.  Most officers will not have the time or the temperament to properly handle each case, which means that some steps in proper protocol will be overlooked.  To a lawyer, this means that constitutional rights will be violated.
 
The City of Newton sits on an interstate, I-80.  There are other highways; such has State Highway 14 that leads to Newton.  There will be city police officers, county sheriff's deputies, and state troopers all over.  They won't be concerned about Helio Castroneves, Danica Patrick or Dan Wheldon.  They will have their own competition of sorts on arrests.
 
Any guest visiting our state should know that if arrested you do have a right to call a lawyer or family member in order to secure a lawyer once you arrive at the jail in order to protect your rights.  Otherwise, be responsible and enjoy yourself.  Maybe you'll even get to have a Budweiser in the parking lot.

Caught on video at Des Moines City Hall.

Theft involves the taking of property of another.  The last I knew, this is still America and in order to be convicted of a crime requires, among other things, proof beyond a reasonable doubt.  Its easy to take aim at persons accused of crime and criminal defense attorneys, but walk with me one day, meet my clients, and you will feel differently about the fight to preserve our way of life.  Its cases like Ryan Wacome's that erode our rights little by little.
 
According to the Des Moines Register, Ryan Wacome has been charged with a series of thefts at Des Moines City Hall.  Wacome was a 20 year-old janitor.  The Register says that small amounts of money were missing from desks over the past month so they contacted the Des Moines Police Department and set up a sting operation.  A detective put a "small amount of money" in a desk and placed a camera to record whatever occurred.  The camera allegedly caught Wacome removing the money.  I hope he has not been charged with the other alleged thefts as has been reported.  It would be one thing for him to agree to make restitution for the other amounts of money, but it would likely be a violation of his rights to get convicted of the other alleged thefts.  Even if he confesses, Iowa criminal law requires more than that for an otherwise uncorroborated crime.  I would also be curious to hear what evidence there is that the other thefts actually did occur.  I keep some pennies and nickels in my desk but I can't tell you how many.  Let me look, hmmmm, I thought I had a few more.  Better call the Des Moines PD and set up a sting.
 
But here is the other thing: video and photographic evidence are sometimes the most unreliable evidence.  Look at this photograph of an alleged burglary yesterday in Des Moines.  Jurors are common people just like you or I, and if its difficult to tell who is in the photo, then that is not proof beyond a reasonable doubt.  Thankfully most jurors are cognizant of that fact.  I once had a convenience store robbery case where it was caught on surveillance video.  The clerk alleged a weapon was displayed and she was stuck in the cooler.  There was a cop in the parking lot and my client was nabbed walking out the door into the parking lot.  It was 5 a.m.  Very few other persons were around.  The person in the video did resemble my client and he was facing a 62-year prison sentence.  For good reason, my client is a free man today.  A photo is not always worth a thousand words.

Next week let me talk about eyewitness testimony and whether or not it's reliable. In the meantime you can watch this video clip and test your own ability for being an eyewitness.

Did Iowa legalize marijuana?

Under Iowa criminal law, it could be a felony for someone to be in possession of marijuana or other controlled substances if they have not gone down to the Department of Revenue and obtained a drug tax stamp.  For example, if you are in possession of roughly an ounce and a half of marijuana without the tax stamp, you are considered a "drug dealer" and need to obtain a drug tax stamp.  This amount of marijuana is readily considered a personal usage amount and can have a low value, say $50.  Not my idea of a drug dealer.
 
There is a phone number for you to call and an address for you to appear in Des Moines if you want to schedule an appointment to obtain the stamp.  With most government offices, you can usually just show up and someone will great you with a cheerful face and help you through whatever process you need to complete.  I'm not sure that you would be greeted with a cheerful face at the Iowa Department of Revenue when you show up at your appointment.  The last I knew, no one had ever filled out the paperwork (didn't our legislators say we need to eliminate unnecessary laws??).  I'm guessing we haven't spent much money making these stamps.  It seems like it would be a good money-maker for the State of Iowa: $5 per gram of marijuana and $750 per unprocessed marijuana plant.  The State also will collect $250 per gram of any other substance.  Did Iowa legalize marijuana?  Did Iowa legalize other drugs?
 
Of all the absurd criminal laws we have, this one is just plain terrible.  In my opinion it is unconstitutional for a variety of reasons.  The worst part is that it presumes someone in Iowa is a drug dealer without any other evidence.  Usually this charge is added to many other charges for trial and the prosecutor offers to drop this felony if you plead to another charge.  Most people do that unfortunately, and I'm certain that is the reason for the law- to eliminate the need for justice since justice can be so messy.  If the charge is not dropped, the State can come after you to collect the money that they feel they are owed since you didn't show up in advance to fill out their forms to obtain the tax stamp.
 
If anyone decides to take their marijuana down to the Department of Revenue in Des Moines to get a drug tax stamp, give me a call, I'd like to come watch.  One thing on my life's list of things to do is to see something that has never been done before.  And then I might have lunch with my legislator.

OWI, if you're stopped for suspicion of OWI don't be fooled by what the officer promises you.

Computer Safety - Why should I take the time to read this websites Terms of Service Agreement?

The MySpace Suicide Case is getting heat from both sides of the aisle; those who think its right and those thinking it’s a waste of the taxpayers’ money. For those of you who aren’t up on the why’s and how’s but want to why accessing MySpace ends up a federal criminal case let me enlighten you. The Wall Street Journal has done a pretty good job of covering the story. And the New Yorker wrote a piece on this same case.

MySpace Suicide Trial Delayed As Judge Struggles With Legal Issues

Friend Game - Behind the online hoax that led to a girl’s suicide.

Allow me to cut to the chase about what this is all about. You know those little boxes called Terms of Service that most websites require you to agree to; well it has to do with that agreement that chances are you’ve never took the time to read. We all have seen them. They are a small box that you can scroll through the text or you can just go directly to the check box and check that you agree to the terms of service. Most people don’t read or print the terms of service, instead they check the agreement box and move on to the next page that gives them access to the web site. Well, if you agree to the terms of service, which may include your agreement to be truthful and not to harass another user, and then violate those terms you could get in hot water.

The criminal case involves the indictment against Lori Drew by the United States of America in the California courts via a grand jury from February 2008.  She was charged with several computer related crimes after her alleged use of the MySpace website.

In this MySpace suicide case the United States is alleging the defendant violated the terms of service agreement and by doing so she violated the Computer Fraud and Abuse Act. ( The specific section of federal law is Title 18, Part I, Chapter 47, § 1030. Fraud and related activity in connection with computers. )

I hate to be the bearer of bad news, but if you’ve gained access to any website by checking the box that you’re agreeing to following their terms of service rules, then you’d better do it. In the case of bullying, and we’ve covered this area before on the InjuryBoard site, an alarm should go off in your head that society isn’t tolerating bullying. Probably because there have been so many people who in the past were picked on in some school yard corner. So a word to the wise, read a few of those agreements you’re agreeing to abide by and see exactly what it is you’re agreeing to do. Ignoring it doesn’t make it void.

School Safety – School Bully Packs Big Punch, Megan Roth, Sept. 6, 2008.

So what, exactly, are the implications a bully can have on his ‘prey‘? How serious are the consequences of bullying another student and what damages do children around the nation face in result of one high-on-his-horse individual?

In this instance, one in which we can all perceive us or our children doing something similar, obey the light that is going off in your head. The neon one saying, “STOP”.

Computer Safety - Federal Criminal Code: Computer Fraud and Abuse Act

The case is about the Computer Fraud and Abuse Act which is accessible through the Wall Street Journal articles that discuss this case. The full text of the act is set out below. 

§ 1030. Fraud and related activity in connection with computers

How Current is This?

(a) Whoever—

(1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it;

(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains—

(A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602 (n) of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(B) information from any department or agency of the United States; or

(C) information from any protected computer if the conduct involved an interstate or foreign communication;

(3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States, accesses such a computer of that department or agency that is exclusively for the use of the Government of the United States or, in the case of a computer not exclusively for such use, is used by or for the Government of the United States and such conduct affects that use by or for the Government of the United States;

(4) knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value, unless the object of the fraud and the thing obtained consists only of the use of the computer and the value of such use is not more than $5,000 in any 1-year period;

(5)

(A)

(i) knowingly causes the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer;

(ii) intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or

(iii) intentionally accesses a protected computer without authorization, and as a result of such conduct, causes damage; and

(B) by conduct described in clause (i), (ii), or (iii) of subparagraph (A), caused (or, in the case of an attempted offense, would, if completed, have caused)—

(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;

(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

(iii) physical injury to any person;

(iv) a threat to public health or safety; or

(v) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security;

(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information through which a computer may be accessed without authorization, if—

(A) such trafficking affects interstate or foreign commerce; or

(B) such computer is used by or for the Government of the United States; ^[1]

(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to cause damage to a protected computer;

shall be punished as provided in subsection (c) of this section.

(b) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section.

(c) The punishment for an offense under subsection (a) or (b) of this section is—

(1)

(A) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(1) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and

(B) a fine under this title or imprisonment for not more than twenty years, or both, in the case of an offense under subsection (a)(1) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;

(2)

(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year, or both, in the case of an offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;

(B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(2), or an attempt to commit an offense punishable under this subparagraph, if—

(i) the offense was committed for purposes of commercial advantage or private financial gain;

(ii) the offense was committed in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or of any State; or

(iii) the value of the information obtained exceeds $5,000; and

(C) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2), (a)(3) or (a)(6) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;

(3)

(A) a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and

(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;

(4)

(A) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(A)(i), or an attempt to commit an offense punishable under that subsection;

(B) a fine under this title, imprisonment for not more than 5 years, or both, in the case of an offense under subsection (a)(5)(A)(ii), or an attempt to commit an offense punishable under that subsection;

(C) except as provided in paragraph (5), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to commit an offense punishable under either subsection, that occurs after a conviction for another offense under this section; and

(5)

(A) if the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for not more than 20 years, or both; and

(B) if the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of subsection (a)(5)(A)(i), a fine under this title or imprisonment for any term of years or for life, or both.

(d)

(1) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section.

(2) The Federal Bureau of Investigation shall have primary authority to investigate offenses under subsection (a)(1) for any cases involving espionage, foreign counterintelligence, information protected against unauthorized disclosure for reasons of national defense or foreign relations, or Restricted Data (as that term is defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C. 2014 (y)), except for offenses affecting the duties of the United States Secret Service pursuant to section 3056 (a) of this title.

(3) Such authority shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.

(e) As used in this section—

(1) the term “computer” means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device;

(2) the term “protected computer” means a computer—

(A) exclusively for the use of a financial institution or the United States Government, or, in the case of a computer not exclusively for such use, used by or for a financial institution or the United States Government and the conduct constituting the offense affects that use by or for the financial institution or the Government; or

(B) which is used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States;

(3) the term “State” includes the District of ColumbiaCategory: Keyword Search: crime