Determining Defenses in general

In general

The types of defenses available to a person charged with computer crime will vary with the facts of the case.FN86 Defenses available include identity, intent, authorization, entrapment, insanity or diminished responsibility, the statute of limitations, former jeopardy, and res judicata. In addition to all of these specific defenses, the accused can always rely on a general denial, which implicitly argues that there is insufficient evidence to justify a finding of guilt or to meet the prosecution's burden of proof.

In some jurisdictions, in a prosecution of an offense involving computers, it is a defense that the defendant had reasonable grounds to believe that he or she had authorization to use the computer; the right to alter in any manner or destroy the computer data or the computer program; the right to copy, reproduce or duplicate in any manner the computer data or the computer program.