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WALLACE v. COMMONWEALTH

Record No. 1040-21-1.

896 S.E.2d 384 (2024)

79 Va. App. 455

Taylor Amil WALLACE v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

January 23, 2024.

Attorney(s) appearing for the Case

Samantha Offutt Thames , Senior Appellate Attorney (Virginia Indigent Defense Commission, on briefs), for appellant.

Stephen J. Sovinsky , Assistant Attorney General ( Jason S. Miyares , Attorney General, on brief), for appellee.

Present: Chief Judge Decker, Judges Humphreys, Beales, Huff, O'Brien, AtLee, Malveaux, Athey, Fulton, Ortiz, Causey, Friedman, Chaney, Raphael, Lorish, Callins and White.

A person who uses a computer for a fraudulent purpose does not automatically use it "without authority" under the computer fraud statute. Under the plain text of Code §§ 18.2-152.2 and -152.3, a defendant commits computer fraud only if they "use[]" a computer...

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