Subscriber Discussion

Anybody Know Of Any Jurisdictions With Laws Against Tampering With A Security System?

jo
jason oneal
Sep 09, 2016

Looking for something for some clients that will allow them to criminally prosecute someone who tampers with their security system but may not necessarily damage/steal it. If for instance, an employee who is lawfully on premise simply disconnects a camera so the he can take a nap but he forgets to reconnect the camera before going home. Or he disables a door contact because he is tired of hearing the chime. The employee committed no crime but he certainly did leave the premise with less protection than the owners assume they have. Sure, the company can discipline the employee, but some of these systems are not just watching candy bars in a c-store. Maybe it just happens that same night someone breaks in and now there is no footage.

I know that we can setup all sorts of things like video loss alerts and such, and we do. But some local businesses have the backing of the city council to pass an ordinance for just this scenario. Anybody have any thoughts on this?

jo
jason oneal
Sep 09, 2016

Maybe my examples were not the right ones. Seems a little steep to arrest someone for that. Here is another actual case: I was recently called to service a system in a park that was installed by the city employees (accessible connections/cables and no alerts). A child had got hurt in the park but there was no video. The police discovered that someone had disconnected it. The thought is probably so they could deal drugs or other illegal activity. The suspect was identified by the last recorded video but there was no damage and no proof of trespassing since there was no evidence of any other crime. There should be a charge for that.

UI
Undisclosed Integrator #1
Sep 09, 2016

I think most states have a penal code that speaks to computer tampering. If the system that was tampered with is a network surveillance system, then a case might be made under that section. The damage would be the loss of data, being the video that was lost and not recorded.

UI
Undisclosed Integrator #1
Sep 09, 2016

Go to NCSL.Org and look up your state's computer crime law. I think those laws would be the closest thing you'll find covering this issue.

Avatar
Hal Bennick
Sep 09, 2016
Trafficware, a CUBIC Company

Could you chalk it up to "interfering with a criminal investigation" or "impeding police business"?

jo
jason oneal
Sep 09, 2016

You might could in the case of the system belonging to the police department but not when it is a privately owned system.

U
Undisclosed #2
Sep 09, 2016
IPVMU Certified

Guessing that it would fall under a "conspiracy to commit <insert specific crime>", if the crime did not actually take place.

jo
jason oneal
Sep 09, 2016

Conspiracy requires two or more people.

jo
jason oneal
Sep 09, 2016

The suggestions on computer laws might could work sometimes but i dont think it would cover an alarm system. I thought I had saw a discussion of this topic on here before. I am hoping to find that again.

UI
Undisclosed Integrator #1
Sep 10, 2016

The only other law I can think of that might fit this circumstance would be 'malicious mischief', generally it is a misdemeanor crime, but there are felony malicious mischief cases if the damage created exceeds a specific dollar amount. In California the Penal Code Section is 594PC.

jo
jason oneal
Sep 10, 2016

A little more background... I am actually a retired investigator and have very close ties to our police departments and prosecutors. We all agree that there is currently no law that fits for the case of the city park incident. I have heard, I thought it was IPVM, of some local ordinances that applied specifically to security systems. We have laws pertaining to utility services which include water, power, and phone. Just wondering if anyone has first hand knowledge of a "Tampering with Security System" ordinance to model ours after.

U
Undisclosed #2
Sep 10, 2016
IPVMU Certified

Like this?

jo
jason oneal
Sep 10, 2016

Thanks U2! Thats exactly what I am looking for.

New discussion

Ask questions and get answers to your physical security questions from IPVM team members and fellow subscribers.

Newest discussions