Reno internet crime lawyer with 20 years of experience defending computer and cyber charges across Northern Nevada
Most people accused of an internet crime find out the hard way that the case was building long before anyone read them their rights. A laptop goes missing in a search, an account gets frozen, a detective leaves a card at the door, and only then does it become clear that records have been pulled and a hard drive has been imaged. By the time charges arrive, the State may already hold months of digital evidence. What you do in that early window, what you say, what you hand over, and how fast you get advice, can matter as much as the underlying facts. Richard P. Davies, Esq. has handled serious felony cases for two decades and knows how the government builds these cases from the inside.
You do not have to wait for an arrest to involve a lawyer, and in these cases you usually should not. If a detective or a federal agent has contacted you, if a device has been seized, or if a subpoena has landed, that is the moment counsel matters most, because the investigation phase is where a case can still be shaped before charges harden. Reaching out costs nothing and stays confidential, so the sooner you make the call, the more your attorney can do.
The Main Internet and Cyber Crime Charges Under Nevada Law
Most internet crime cases in Reno fall under one or more of the following statutes. Each carries different penalties and different defense considerations.
Computer Hacking and Unauthorized Access
NRS 205.4765 is Nevada's primary computer crime statute, covering unauthorized access, hacking, the spread of malware or ransomware, and the misuse of computers, systems, and networks. Many violations begin as a misdemeanor. The offense rises to a category C felony when the act was done to carry out a scheme to defraud or to obtain property, when it caused losses or response costs of $500 or more, or when it disrupted a public service such as government operations or utilities. A category C felony carries one to five years in state prison and a fine of up to $10,000, with the possibility of an additional fine of up to $100,000 and mandatory restitution.
The statute requires the State to prove that the act was done knowingly, willfully, and without authorization. That language is often where these cases are won, because authorization, accident, and lack of criminal intent can each defeat the charge.
Identity Theft
NRS 205.463 makes it a crime to obtain and use the personal identifying information of another person to cause harm, to impersonate them, to reach nonpublic records, or for any other unlawful purpose. Using another person's information to obtain credit, goods, or services is a category B felony, punishable by one to twenty years in state prison and a fine of up to $100,000, along with mandatory restitution. The minimum prison term rises to three years when the case involves a victim who is older or vulnerable, the information of five or more people, or a financial loss of $3,000 or more. Using another person's identity to delay or avoid prosecution is charged as a category C felony.
Because so much identity theft now happens online, these cases turn heavily on digital evidence and on whether the State can actually tie the accused person to the activity.
Online Fraud and Financial Cyber Crimes
Internet fraud schemes are often charged under the computer crime statute, the identity theft statute, or both, and they frequently overlap with credit card fraud under NRS 205.760, which is generally a category D felony. Phishing, account takeovers, online sales scams, and unauthorized charges all fall into this category. Because the money and the data often cross state lines, these are also the cases most likely to draw federal attention, which is covered further below.
Hacking Into Email and Private Accounts
NRS 200.690 makes it unlawful to knowingly and without authorization access, read, or disclose another person's private electronic communications, such as emails or text messages. Depending on the circumstances and the harm involved, a violation can be charged as a felony. These allegations often arise from disputes between former partners, coworkers, or business associates where one person is accused of getting into another's accounts.
Cyberstalking and Online Harassment
When stalking is carried out through the internet, text messaging, or other electronic means and includes a threat that places the victim in reasonable fear for their safety, it is treated as cyberstalking under NRS 200.575, a category C felony carrying one to five years in state prison and a fine of up to $10,000. Where the conduct involves a threat of death or substantial bodily harm, it can be charged as aggravated stalking, a category B felony. Online harassment under NRS 200.571 is generally a misdemeanor for a first offense. Not every unwanted or persistent message qualifies, and whether a communication crossed the line into a true threat is frequently the central question.
Revenge Porn and Intimate Image Sharing
Often called revenge porn, NRS 200.780 makes it a category D felony to distribute a sexually explicit image of another adult without consent, when the person had a reasonable expectation that the image would stay private and the act was intended to harass or harm. A conviction carries one to four years in state prison and a fine of up to $5,000. Consent and the absence of intent to harm are often central to the defense in these cases.
Sextortion and Online Extortion
Sextortion is one of the fastest growing internet crimes, and Nevada prosecutes it as extortion under NRS 205.320. The familiar pattern is a threat to release intimate images, or to expose a secret, unless the victim pays money or sends more images. Extortion is a category B felony, carrying one to ten years in state prison and a fine of up to $10,000, along with restitution. Whether a message was truly a threat made to extort, and whether the accused was even the person behind the account, are often the deciding questions.
Why Internet Crime Cases Are Different From Other Criminal Charges
The investigation usually begins long before any arrest. A complaint or a flagged transaction may lead the Reno Police Department, the Washoe County Sheriff's Office, or a federal agency such as the FBI to subpoena records from an internet provider, seize devices, and run digital forensic examinations, sometimes for months before a charging decision is made. The pre-charge phase is among the most important windows to have an attorney involved, because what is preserved or said early can shape everything that follows.
These cases also rest on technical evidence that is far less certain than it first appears. An IP address identifies a connection, not a person. Devices are shared, networks are accessed by guests, accounts are spoofed, and malware can place files on a computer without the owner's knowledge. Tying a specific human being to specific keystrokes is often the weakest link in the State's case, and it is where a careful defense concentrates.
The Federal Side of Internet Crimes
Internet crimes cross state lines by their nature, which means a Nevada case can become a federal case. The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, governs unauthorized access to protected computers and carries penalties far steeper than most state charges. Online fraud schemes are frequently charged as federal wire fraud under 18 U.S.C. § 1343, which carries up to twenty years in federal prison. And aggravated identity theft under 18 U.S.C. § 1028A adds a mandatory two years that must run consecutively to any other sentence.
When the U.S. Attorney's Office for the District of Nevada files charges, the exposure is often dramatically higher than the parallel state charge, and the rules of the game change. An attorney who recognizes federal exposure early can sometimes keep a case in state court or prepare for the federal track before it is too late.
Consequences That Outlast the Sentence
For many people, the lasting damage of an internet crime conviction is not the sentence itself but everything that follows. A felony record can close off careers in technology, finance, healthcare, and any field that requires a background check or a professional license. Courts routinely order restitution, and devices and equipment may be seized or forfeited as part of the case.
Two consequences deserve special attention. For non-citizens, fraud and identity offenses can carry immigration consequences, including removal. And when an internet offense involves a minor, the case is charged differently and can trigger sex offender registration, which is addressed on our sex crimes defense page. If your case resolves favorably, record sealing may eventually clear the matter from public view.
Frequently Asked Questions About Nevada Internet Crime Charges
Sometimes. Pretrial motions challenging the legality of a device search, the chain of custody for digital evidence, or the sufficiency of the proof can lead to dismissal or reduction in some cases. Charging negotiations may also result in a plea to a less serious offense. Whether any of these outcomes is realistic depends on the strength of the evidence and the specific facts of the case.
Not without a lawyer. In computer cases especially, a friendly "let's just clear this up" conversation is where admissions get made, and unlocking a phone or handing over a password can settle the case against you before it starts. Your right to stay silent and to have counsel applies the moment you are a suspect, not just after handcuffs. Decline politely, give no statement, and let an internet crime lawyer speak for you.
Possibly, but an IP address or a shared device is not proof that a particular person did anything. Multiple people use the same networks and devices, accounts are compromised, and connections can be spoofed. Misidentification is one of the most common and most effective defenses in internet crime cases, and it often turns on a close examination of the forensic evidence.
It can. Conduct that crosses state lines, targets financial institutions, or involves large losses may draw the interest of federal prosecutors, who can file charges under statutes that carry significantly longer sentences. Identifying federal exposure early is one of the most important things an internet crime lawyer does in these cases.
In many cases, yes, after a waiting period that depends on the level of the offense. Charges that are dismissed or that end in acquittal can often be sealed without any waiting period. Sealing is a separate process worth discussing with your attorney once the case resolves.
How a Reno Internet Crime Lawyer Builds a Defense
No attorney can promise a particular result, but a strong defense starts by challenging every element the prosecution has to prove. Richard P. Davies, Esq. works these cases from the moment a client is contacted by investigators, not only after charges are filed.
Several moves cut across nearly every internet crime case. Attribution is challenged first, for the reasons described above, since it is so often where the State's proof is thinnest. Forensic evidence is tested on chain of custody, reliability, and how it was collected. Suppression motions target unlawful searches of phones and computers and defective warrants. And where the facts support it, consent is a complete defense in image and communication cases, just as the absence of knowing or authorized conduct can be in computer cases.
Felony cases in Washoe County are heard in the Second Judicial District Court, and an internet crime lawyer who knows those courtrooms can make a real difference. Related practice areas include drug charges, sex crimes defense, and our full criminal defense services across Reno and Northern Nevada.
What to Do After an Internet Crime Arrest or Investigation in Reno
If a case is already moving, a few decisions in the first days can protect you more than almost anything else.
Stay quiet, and protect your devices. You are not required to explain yourself, and you do not have to consent to a search of a phone, laptop, or online account. A polite refusal to be interviewed or to unlock a device is not evidence of guilt, and it closes off the easiest way for investigators to build a case. Ask for a lawyer before any further conversation.
Leave the other people in the case alone. Reaching out to an accuser or a witness, even to apologize or explain, can be read as intimidation or tampering, and a no-contact order may already apply. Let your attorney handle any communication that needs to happen.
Do not erase anything. Wiping a phone, deleting messages, or closing accounts can become its own charge, and deleted data is usually recoverable anyway. The better move is to preserve everything, note what you remember about the relevant dates, and get those records to a lawyer who can use them.
If you are facing an internet crime investigation or charge anywhere in Northern Nevada, call (775) 360-6894 for a confidential consultation and a clear read on where your case stands.