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Case Number: CF-2018-324
Judge: Hesse, Paul
Court: In the District Court in and for Canadian County, Oklahoma
Plaintiff's Attorney: Canadian County District Attorney’s Office, El Reno, Oklahoma
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Description: El Reno, Oklahoma unlawful communication by use of technology criminal defense lawyer represented defendant, who was charged with:
Count # 1. Count as Filed: TECHM, UNLAWFUL COMMUNICATION BY USE OF TECHNOLOGY, in violation of 21 O.S. 1040.13a
Date of Offense: 04/26/2018
Party Name Disposition Information
ROBERTS, JASON JOHN Disposed: CONVICTION, 11/05/2020. Nolo Contendere Plea
Count as Disposed: AMENDED TO COMPUTER CRIMES(COMPU)
Violation of 21 O.S. 1951-1981
A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, computer system, computer network or any other property;
2. Use a computer, computer system, computer network or any other property as hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;
3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;
4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;
5. Willfully and without authorization use or cause to be used computer services;
6. Willfully and without authorization disrupt or cause the disruption of computer services or deny or cause the denial of access or other computer services to an authorized user of a computer, computer system or computer network;
7. Willfully and without authorization provide or assist in providing a means of accessing a computer, computer system or computer network in violation of this section;
8. Willfully use a computer, computer system, or computer network to annoy, abuse, threaten, or harass another person; and
9. Willfully use a computer, computer system, or computer network to put another person in fear of physical harm or death.
B. Any person convicted of violating paragraph 1, 2, 3, 6, 7 or 9 of subsection A of this section shall be guilty of a felony punishable as provided in Section 1955 of this title.
C. Any person convicted of violating paragraph 4, 5 or 8 of subsection A of this section shall be guilty of a misdemeanor.
D. Nothing in the Oklahoma Computer Crimes Act shall be construed to prohibit the monitoring of computer usage of, or the denial of computer or Internet access to, a child by a parent, legal guardian, legal custodian, or foster parent. As used in this subsection, "child" shall mean any person less than eighteen (18) years of age.
Outcome: 11-02-2020 CTFREE
CRT MIN. STATE WAS REPRESENTED BY ERIC EPPLIN. DEFT APPEARED IN PERSON BY SKYPE, BY AGREEMENT DUE TO THE COVID-19 PANDEMIC. HIS ATTORNEY, CRAIG CORGAN, APPEARED IN PERSON. A COMPLETED PLEA OF NO CONTEST SUMMARY OF FACTS FORM WAS SUBMITTED TO THE COURT. DEFT WAS SWORN AND TESTIMONY RECEIVED. DEFT WAS ADVISED OF HIS RIGHTS AND ENTERED A PLEA OF NO CONTEST TO COUNT #1, WHICH WAS AMENDED BY THE STATE TO A VIOLATION OF THE COMPUTER CRIMES ACT. PURSUANT TO A PLEA AGREEMENT BETWEEN THE STATE AND DEFT, DEFT WAS SENTENCED TO A FOUR AND ONE-HALF YEAR SUSPENDED SENTENCE, EXCEPT FOR THE FIRST SIX MONTHS TO SERVE IN THE CANADIAN COUNTY JAIL, WITH CREDIT FOR TIME SERVED. THE STATE ADVISED THE COURT THAT THE DEFT HAD ALREADY SERVED ONE YEAR IN THE CANADIAN COUNTY JAIL. DEFT WAS ORDERED TO BE SUPERVISED BY THE DISTRICT ATTORNEYS OFFICE AND COMPLY WITH THE RULES AND CONDITIONS OF PROBATIONI, WHICH THE COURT APPROVED. DEFT WAS ORDERED TO PAY A FINE, VCA AND COSTS. THE STATE ADVISED THE COURT THAT THE PLEA AGREEMENT WAS FAIR TO THE STATE OF OKLAHOMA. DEFT WAS ADVISED OF HIS APPEAL RIGHTS. A RULE 8 ORDER WAS EXECUTED. JUDGE STRUBHAR