Under the New York Penal Code, a number of acts committed with the use of a computer are criminalized. As technology continues to permeate all aspects of our lives, the law develops to try and catch up with its constant advances. Computer crimes can result in heavy penalties levied against those who are convicted. Large fines and jail time are often included in these criminal sentences. New York has made it clear that the state takes these types of crimes to be serious violations that will not be tolerated. The laws reflect this.
What Are the Most Common Computer Crimes?
There are several quite common computer crimes. One such crime is the unauthorized use of a computer. If a person knowingly uses or accesses a computer or computer network without authorization, or the owner’s permission, then he or she can be found guilty of this crime. Unauthorized use of a computer in the fourth degree is considered to be a Class A misdemeanor. Conviction of this crime may result in up to one year in jail and a fine of up to $1,000.
Another common computer crime is computer trespass. If a person commits the crime of unauthorized use of a computer and does so with the intent to commit or further the commission of a felony or knowingly gain access to computer material, then he or she may be found guilty of this crime. Computer trespass is considered to be a Class E felony. Conviction of this crime may result in up to four years in prison and a fine of up to $5,000 or double what the defendant gained from the commission of the crime.
Some of these offenses are divided into degrees of varying severity. For instance, computer tampering, another common computer crime, is divided into four degrees. Computer tampering in the fourth degree is the most basic version of the offense. If a person commits the offense of unauthorized use of a computer and, in doing so, intentionally alters or destroys computer data of another person, then he or she can be found guilty of this crime. The penalty for computer tampering will vary depending on the degree. Computer tampering in the first degree is considered to be a Class C felony. Conviction of the crime may result in one to 15 years in prison and a fine of up to $5,000 or double what the defendant gained from the commission of the crime.
Unlawful duplication of computer-related material has also become an increasingly popular offense. Both duplicating and possession of computer-related material has been criminalized. I person unlawfully duplicates computer-related material when computer material is copied or reproduced without the person being authorized to do so. Possession of this type of computer material is also a crime. In fact, possession of stolen data may be classified as a felony offense.
Criminal Defense Attorneys
Facing a computer crime charge means that you are up against a criminal justice system that will be looking to make an example out of you. New York wants to send a clear message that computer crimes will not be tolerated. Do not let New York prosecutors make an example out of you. The dedicated criminal defense counsel at Dickman Law Office is here to defend you against all charges. Contact us today.
Posted in: Criminal Defense