Law

Using a Microsoft Word document, please post one federal and one state statute utilizing standard legal notation and a hyperlink to each statute.

Statutes are laws approved by legislatures like the U.S. Congress to constitutionally modify or overturn court decisions concerned with statutory interpretation as well as authorize promulgation of administrative guidelines. With this in mind, the individual states and federal government can authorize laws and statutes. However, some laws are handled entirely by the states, while others are handled entirely by the congress or federal government. Still, other laws are subject to federal and state governance. 

Federal Statute

Computer Fraud and Abuse Act

18 U.S. Code § 1030

An excellent example of a federal statute is the United States Code, while the State Codes for the state statutes. For a comprehensive understanding of this assertion, we look at the Computer Abuse and Fraud Act in section 18 of the United States Code 1030. This code is a federal cyber safety law. It shields the bank computers and federal computers, thus shielding them from espionage, trespassing, damage, threats, and from being used for fraud. Additionally, this code has other federal statute companions like the modifications present in the Identity Theft Restitution and Enforcement Act, P.L. 110-326, 122 Stat. 3560. In other words, they are subsections of the main code. For instance, subsection 1030(b) states that it is a crime to conspire or attempt computer trespass by damaging or hacking a bank or government processor used in foreign or interstate commerce. In addition to this, subsection 1030(c) recognizes the penalties associated with committing either of the crimes. The penalties vary from imprisonment of not as much as a year for internet trespassing to a thoroughgoing of life imprisonment if there is a death outcome from intentional computer damage.

However, the state codes concerning cyber-crime laws address various types of computer crime like phishing, ransomware, spyware, and denial of service attacks. It is essential to understand that most states print their statutes similar to the federal statutes. They publish what is initially present in federal law. Stephanos Bibas states that it is illegal to access a person’s computer without authorization. For instance, in the State of Alabama of the state statutes concerning cybercrime, section 13A-8-112 states that computer tampering is a person who exceeds authorization or acts without authority to commit a crime associated with a computer by knowingly deleting, altering, destroying, or damaging computer data or programs. Also, it states that the person may indirectly or directly introduce the computer to a virus or contaminator. Besides, it states that another way a person may tamper with the computer is by giving confidential information such as identifying code, bank account number, debit card number, password, and personal identification to another individual without the individual's consent to use the computer restrict access.

                  In the same document, please post one federal and one state case using standard legal notation and a hyperlink to each case.

There are two distinct courts in the U.S. of America, federal courts and states courts. Therefore, cases concerning federal laws are tried in the federal courts, while cases concerning abuse of state law are tested in state court. A good example of a federal case is drug trafficking into the country. An individual is charged with drug trafficking when found with many drugs that exceed those of personal use with clear indications of distribution or manufacturing of drugs. Under the CSA (Controlled Substance Act), the government divides drugs based on safety concerns, medical utility, and perceived abuse potential. In this regard, the possession, distribution, or manufacture of drugs can trigger a minimum of ten years if it is two hundred and eighty or more grams of crack, or one or more kg of heroin, ten or more grams of LSD, one thousand or more kilograms of marijuana or fifty or more grams of pure methamphetamines, or five or more kg of cocaine.

On the other hand, one state case includes criminal matters like robbery. By and large, all states' laws make robbery a crime. Robbery only becomes a federal case an individual or a group of people rob banks whose deposits are covered by a federal agency. Andre Bell had been charged with attempted first-degree murder and simple robbery. After amendments, the charge was aggravated to assault with a vehicle. Robbery is always punishable by a minimum of three sixty-five days in prison, irrespective of the value of the objects taken. Numerous states punish robbery severely, including carjacking and armed robbery. In this case, robbery includes an individual who shoves university students walking home and steals their students' phones from their hands. Similarly, a senior who threatens other scholars with beatings if they don't submit their lunch money is charged with robbery. What distinguishes robbery from theft is that a robber threatens to use violence or force and take something from the victim. Many states divide robbery into second degree and first degree or simple or aggravated, depending on the significance of the offense.