In this case, the damage to computer systems and the economic losses arising out of it are the focus of the law. Penalties for perpetrators are potentially severe. The perpetrator may face criminal charges under state law as well. Both the federal government and the courts have inclined toward severity for virus authors. Problems in Obtaining a Conviction To prosecute someone for doing something knowingly, it is necessary to prove that they intended to do the culpable act.
Intent is a mental state.
Therefore, a successful prosecution requires that the state prove the defendant's mental state in order to obtain a conviction. This may be done inferentially by deducing mental state from actions. Nonetheless, it remains an element of the offense, and failure to prove it to a judge's or jury's satisfaction may result in an acquittal. In addition, damage, or the potential for damage, must also be proven. The Global Nature of the Problem Simply getting to the point of bringing a defendant to trial poses formidable challenge.