Childs

People v. Childs

Good Law
164 Cal. Rptr. 3d 287·2013 Cal. App. LEXIS 856·220 Cal. App. 4th 1079·2013 WL 5779044
Court of Appeal of CaliforniaOctober 25, 2013A129583, A132199California11,374 words

Opinion

Opinion

Reardon, J.

A jury convicted appellant Terry Childs of disrupting or denying computer services to an authorized user. (Pen. Code, § 502, subd. (c)(5).) It also found true an enhancement allegation that damage caused by his offense exceeded $200,000. (§ 12022.6, subd. (a)(2).) He was sentenced to four years in state prison and ordered to pay more than $1.4 million in restitution. (§ 1202.4.) In two consolidated appeals from the conviction and the restitution order, he contends inter alia that subdivision (c)(5) of section 502 was not intended to apply to an employee. We affirm the conviction and the restitution order.

I. FACTS

A. Employment Context

From the time he was employed in April 2003 until July 2008, appellant Terry Childs served as the principal network engineer for the Department of Telecommunications and Information Services (DTIS) of the City and County of San Francisco. DTIS was responsible for administering the city’s computer network, providing computer services to city departments such as access to the Internet and to each department’s database. It maintained the network, operated it, repaired it if it failed, and made any needed changes to it.

As part of the job…

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