State v. Mathis, ___ N.C. App. ___, 819 S.E.2d 627 (Sept. 4, 2018)

The evidence was sufficient to convict the defendant of unlawfully accessing a government computer in violation of G.S. 14-454.1. The case arose out of false information submitted by the defendant in connection with his work as a bail bondsman. On appeal the defendant first argued that the evidence did not establish that his actions were willful or without authorization. Here, although the defendant had authorization to use the computer system, the State presented evidence that he exceeded that authorization by inputting fraudulent information and that his actions were willful.

            The court went on to reject the defendant’s argument that there was insufficient evidence that he accessed a government computer. The defendant’s unique username and password were used to access the system and upload his monthly reports. Additionally his email was used to submit his reports. Thus, even if the court were to accept the defendant’s argument that he only transmitted information that was then uploaded by government personnel, the statute covers not only accessing but also causing a government computer to be accessed.

            Finally, the court rejected the defendant’s argument that the statute was not intended to cover mere submission of information and that it required the defendant to have some actual interaction with the government computer. The court noted that the plain language of the statute includes accessing or causing a government computer to be accessed, “directly or indirectly.”