Little Rock Computer And Internet Crimes Defense Lawyer

Last updated on October 28, 2026

A computer or internet accusation can lead to misdemeanor or felony charges in Arkansas. The prosecution must prove the elements of the specific offense, including the required intent and your connection to the conduct. An account name, a shared internet connection, and permission to use a device can raise different questions.

At Wesley Rhodes, Attorney at Law, Wesley Rhodes represents people facing criminal investigations and charges in Little Rock and throughout Central Arkansas. He has practiced criminal defense since 2016. A free consultation can help you understand the accusation, the evidence to preserve, and the next court deadline.

Arkansas Computer Charges And What They Require

“Hacking” isn’t a single Arkansas charge. The same investigation may involve allegations about unauthorized access, deleted data, a disrupted network, or a fraudulent transaction. These statutes have different elements and different thresholds for felony treatment:

Ark. Code §§ 5-41-103, 5-41-104, 5-41-202, and 5-41-203. These are selected computer offenses, not every charge that can arise from online conduct.

The damage thresholds aren’t interchangeable. Computer trespass becomes a felony at $2,500 in loss. An unlawful act under § 5-41-202 can become a Class C felony when damage exceeds $500. Repair invoices, recovery expenses, and the connection between the alleged conduct and the claimed damage deserve close review.

Permission Can Be Central To The Defense

A working password doesn’t settle whether you had permission. Employment duties, written access policies, messages authorizing a task, and the date permission was withdrawn can show what you were allowed to do. Permission to use one account doesn’t necessarily authorize access to another person’s files. Conversely, a disagreement about how you used authorized information doesn’t establish every element of a computer offense.

Section 5-41-203 provides an affirmative defense if you reasonably believed your use or access was authorized and within its permitted scope, or reasonably believed the owner or another person authorized to consent would permit it. You must prove that affirmative defense by a preponderance of the evidence: more likely than not. Notice must be filed and served on the prosecutor at least 14 calendar days before trial or a preliminary hearing, unless the court directs another time. This defense applies to charges under that section; permission doesn’t defeat a separate fraud charge by itself.

Ark. Code §§ 5-41-203(d) and 5-1-111(d). The State still must prove the charged offense’s elements beyond a reasonable doubt.

Other Charges That Can Arise Online

Identity Fraud And Financial Transactions

Arkansas distinguishes financial from nonfinancial identity fraud. Financial identity fraud under § 5-37-227 includes accessing or submitting another person’s identifying information to open a credit or debit account, or obtain a loan or line of credit, without authorization and for your own or a third party’s benefit. Nonfinancial identity fraud requires knowingly obtaining identifying information without consent and using it for an unlawful purpose. The financial offense is a Class C felony, increased to Class B when the victim is an elder person or a person with a disability. The nonfinancial offense is Class D, increased to Class C for those victims. Alleged phishing, false invoices, or diverted payments may also involve white collar charges or theft allegations, depending on the conduct.

Sharing An Intimate Image Without Consent

Arkansas revised § 5-26-314 in 2025. The current offense covers a person age 18 or older who purposely distributes an intimate image of an identifiable person without that person’s consent. Consent to taking the image doesn’t establish consent to distributing it. The basic offense is a Class A misdemeanor. A purpose to cause physical injury or mental, economic, or reputational harm, receiving something of value for the offense, or a second misdemeanor violation makes it a Class D felony. A repeat harm-or-payment offense, or a third or subsequent misdemeanor violation, is Class C. The offense date matters because the earlier law had different requirements.

Sexual Images Involving A Child

Knowingly distributing, possessing, or viewing prohibited sexual material depicting a child is a separate offense under § 5-27-602. A first offense is a Class C felony; a second or subsequent offense is Class B. Current law also covers computer-generated images indistinguishable from images of a child engaging in sexually explicit conduct. A conviction triggers Arkansas sex-offender registration requirements. These cases require attention to what the material depicts, knowledge, device access, and the specific conduct charged. See the firm’s sex crimes defense page for related allegations.

Ark. Code §§ 5-37-227, 5-26-314, 5-27-602, 12-12-903, and 12-12-905; Act 981 of 2025.

Selected Arkansas Penalty Ranges

These are ordinary imprisonment ranges and standard maximum fines for the classifications discussed above. A maximum fine isn’t mandatory. Eligible charges may permit probation or a suspended imposition of sentence; offense-specific restrictions and criminal history can change the available options.

Ark. Code §§ 5-4-401 and 5-4-201. A gain-based fine may exceed the standard limit under § 5-4-201(d). Restitution, sentencing enhancements, and separate counts can add to the consequences.

A dispute about the amount of damage can affect the charge level as well as a restitution request. Prior convictions can also increase felony sentencing exposure under Arkansas’s habitual-offender statute. The Arkansas charge classifications and penalty guide explains the broader sentencing framework.

What The Digital Evidence Actually Shows

The defense should connect each record to the element it supposedly establishes. Evidence identifying an account, a device, or a subscriber must be considered alongside evidence identifying the person who acted. Circumstantial evidence can establish guilt; the absence of an eyewitness doesn’t end the prosecution’s case.

Arkansas Rule of Evidence 901 requires evidence sufficient to support a finding that an exhibit is what its proponent claims. That doesn’t mean every message requires a forensic examination. Witness testimony and surrounding circumstances can authenticate electronic communications. Whether the exhibit is admissible and whether it proves the charge are separate questions.

Phone Searches, Warrants, And Suppression

Under Riley v. California, police generally need a warrant to search a phone’s digital contents after an arrest. Valid consent or a case-specific emergency can provide an exception. Records obtained from a provider raise different questions: basic subscriber information and the contents of private messages don’t receive identical treatment. The cellphone search guide explains that distinction.

A review of the search should address:

• Probable cause and scope. Did the affidavit connect the suspected offense to the place or device searched? Did the warrant adequately identify what could be searched and seized, and did officers stay within the authorized scope?
• False statements or omitted facts. A challenge under Franks v. Delaware requires more than identifying a mistake. The defendant must make a substantial preliminary showing to obtain a hearing, then establish deliberate or reckless falsehoods or omissions by a preponderance of the evidence. The corrected affidavit must also fail to establish probable cause.
• Your rights and the remedy. A Fourth Amendment challenge must involve your own protected privacy interest. Suppression isn’t automatic for every procedural error, and excluding evidence doesn’t necessarily dismiss the case.

Where Arkansas Rule of Criminal Procedure 16.2 applies, a suppression motion must be timely and filed no later than 10 days before trial, unless the court allows a later filing for good cause. Omnibus-hearing procedures can affect how motions are handled. Rule 16.2(e) requires a substantial violation or a constitutional basis for suppression. Bring the warrant, affidavit, property receipt, and court scheduling papers promptly so the relevant deadline can be identified. Read more about challenging an unlawful search in Arkansas.

When Federal Charges Are Possible

Federal law has separate computer-access and fraud offenses. The Computer Fraud and Abuse Act, 18 U.S.C. § 1030, covers specified conduct involving protected computers, including computers used in or affecting interstate or foreign commerce. Under Van Buren v. United States, using information for an improper purpose doesn’t by itself establish “exceeding authorized access” when the person was entitled to obtain that information. Accessing information that was off limits presents a different issue, and other fraud laws may still apply.

Federal wire fraud under 18 U.S.C. § 1343 requires an intentional scheme to defraud someone of money or property and an interstate or foreign wire communication used to execute it. Its ordinary maximum is 20 years. The maximum rises to 30 years when the violation affects a financial institution or involves qualifying benefits connected to a presidentially declared major disaster or emergency. An online transaction isn’t automatically wire fraud; the government must establish the statutory elements.

Resolution Options And The Record A Case Leaves

A defense can challenge identity, authorization, intent, the damage amount, or the admissibility of evidence. Those issues can affect trial preparation and plea negotiations. Some charges permit probation or a suspended imposition of sentence, subject to statutory restrictions. A first offense doesn’t guarantee either option. If deferred disposition is being considered, the diversion and deferred-disposition guide explains why eligibility and the terms of the proposed plea matter.

Some nonviolent Class C and Class D felony convictions may qualify for sealing after the sentence is completed. Section 16-90-1406 generally limits eligibility to a person with no more than one previous felony conviction, with rules for counting convictions from the same criminal episode; § 16-90-1408 imposes additional exclusions. A felony sex offense, including a conviction under § 5-27-602, isn’t eligible under that sealing procedure. Review record-sealing eligibility before assuming a completed sentence will disappear from a background check.

Before agreeing to a plea, tell your lawyer if you’re not a U.S. citizen, hold a professional license, or possess firearms. Those circumstances need to be addressed along with the sentence and any registration requirement.

What To Bring To A Consultation

• Charging and court papers: the citation or information, bond conditions, hearing notices, and any search warrant or property receipt.
• Permission records: employment policies, contracts, and communications showing who authorized access, its limits, and when permission changed. Don’t enter an account you aren’t authorized to access to retrieve them.
• A timeline: relevant dates, devices, accounts, people with access, and any known account compromise. This helps compare your account with the digital records.
• Investigator contact information: the agency, officer’s name, and any request for an interview or voluntary access. Get advice before discussing the suspected offense or consenting to a search; don’t physically interfere with officers executing a warrant.

Related Guides

If you’re facing a computer or internet crime investigation in Little Rock, North Little Rock, Conway, Benton, or elsewhere in Central Arkansas, call 501-301-4591 or contact the firm online to schedule a free consultation.

This page reflects Arkansas law as of October 2026. It is general information, not legal advice about your specific case.