Another class of regulatory offenses that should not constitute aggravated felonies or crimes of moral turpitude are those relating to unauthorized access to the computer or email of another.  Title 18 U.S.C. § 2701(a) punishes anyone who intentionally accesses a facility through which electronic communication services are provided without authorization, or exceeding one’s authorization.  In a sense, this is a modern equivalent to delay of the mail.  See § 9.36, supra.

 

            This offense may be violated without any intent to commit theft[220] or fraud, [221] and should not be considered either an aggravated felony under either ground.  See § § 7.80-7.82, 7.103, supra. 

 

            This is a mere regulatory offense, and therefore should not be considered a crime of moral turpitude.  See § 7.108, supra.

[220] INA § 101(a)(43)(G), 8 U.S.C. § 1101(a)(43)(G).

[221] INA § 101(a)(43)(M)(i), 8 U.S.C. § 1101(a)(43)(M)(i).

Ninth Circuit

SAFE HAVEN - COMPUTER DAMAGE
United States v. Shea, 493 F.3d 1110 (9th Cir. July 11, 2007) (18 U.S.C. 1030(a)(5)(A)(i) punishes any person who "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").