Ali Butler developed several software programs that generated cyberattacks. His programs were used to disrupt services of major companies like Google and Skype. He created programs that retrieved usernames and passwords, bank information, and other data. He also set up a $$deep web$$ business $$ where internet search engines could not find it $$ to sell his programs to other potential hackers. He used a legitimate business to account for profits from his illegal business so that the government could not trace the money to the illegal activity. Did Butler commit a crime, and does he have any defense?

Identifying the Facts and Issues

The elements that must exist for a person to be convicted of a crime include

actus reus

and

mens rea

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Assessment question

If convicted, one of Butler's acts was

using software to access other people$$s information

$.$ Butler's mental state was

intent to access private information

$.$ In this case, Butler$$s computer held many usernames and passwords of third parties and information on his income from the company selling the hacking software. This admission likely would help establish

select answer

$.$

Assessment question

Assume Butler engaged in this activity because he owed several thousand dollars in credit card debt. In his criminal case, he may try to argue duress. This

select answer

be a valid defense because

select answer

$.$

Assessment question

An indictment would be used in federal district court in Butler$$s case to

select answer

$.$ To convict Butler of a crime, the judge needs to believe

select answer

that Butler committed the elements of the crime without a valid defense. Based on these facts, Butler likely

select answer

be convicted of a crime.