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Cyber Crime, Computer Crime in NY

Computer KeyboardNew York Internet and Cyber and Computer Crime Lawyers

New York’s Penal Law describes various internet offenses and cyber crimes and the potential punishments for committing these offenses. Cyber Crime, computer crime, network and internet crime are punishable by law, and often include felony charges.

Because cyber or computer crimes often cross state lines, you could face NY State misdemeanor, felony and/or Federal charges.

Unauthorized Use of a Computer

NY Penal Law 156.05

Unauthorized Use of a Computer is a Class A Misdemeanor that occurs when someone knowingly uses, causes to be used or accesses a computer, computer network or computer service without proper authorization.

Computer Trespass

NY Penal Law 156.10

Punishable as Class E Felony, Computer Trespass is charged when a person gains unauthorized use of computer, and:

  • Does so with the intent to commit, attempt or further the commission of another felony offense, or
  • Knowingly gains access to computer material.

Computer Tampering

NY Penal Law 156.20–156.27

A computer tampering conviction can occur in the first, second, third or fourth degree.

Computer tampering in the fourth degree is a Class A Misdemeanor when a person has committed unauthorized use of a computer and intentionally alters or destroys someone else’s computer data or computer program.

View sentencing guidelines below.

Computer tampering in the third degree is a Class E Felony which occurs when a person commits computer tampering in the third degree, and:

  • Commits another felony offense, or does with an intent to commit a felony offense, or
  • Has been convicted of previous computer crime or a computer theft crime,
  • Intentionally alters or destroys computer material, or
  • Intentionally alters or destroys computer data or computer programs resulting in damage over $1,000.

View sentencing guidelines below.

Computer tampering in the second degree is a Class D Felony that occurs when a person commits computer tampering in the fourth degree and intentionally alters or destroys:

  • Computer data or a program that causes damage in an amount more than $3,000, or
  • Computer materials containing medical history or treatment records of an identifiable individual, and as a result of the tampering, an individual suffers serious physical injury the defendant was aware of the risk and consciously disregarded that risk.

View sentencing guidelines below.

Computer tampering in the first degree is a Class C Felony that occurs when a person commits computer tampering in the fourth degree and intentionally alters or destroys computer data or a program that causes damage in an amount more than $50,000.

View sentencing guidelines below.

Cyberharrassment

NY Penal Law 240.30

Cyberharrassment is a class A Misdemeanor also known as Aggravated Harassment in the Second Degree defined as when a person communicates, anonymously or otherwise, with another person by transmitting or delivering any form of written communication or causes a communication to be initiated by electronic means with the intent to harass, annoy, threaten or alarm that person, that person.

View sentencing guidelines below.

Internet Sex Crimes in New York

The New York offenses a person engaging in online sex can be charged with include:

  • Disseminating indecent material to a minor,
  • Promoting an obscene sexual performance by a child,
  • Possessing an obscene sexual performance by a child,
  • Promoting a sexual performance by a child, and
  • Possessing a sexual performance by a child.

Unlawful Internet Gambling Enforcement Act is a Federal Crime

New York State has not enacted specific laws prohibiting internet gambling.  Internet Gambling falls under the Unlawful Internet Gambling Enforcement Act as a Federal Crime.  The Gambling Act does not specifically prohibit internet gambling.

The U.S. government has determined that internet gambling is illegal through the Wire Act, under which wire fraud and other white collar crimes are included.  The law prohibits gaming businesses from knowingly accepting payments in connection with unlawful internet gambling and on consumers who engage in internet gambling.

Sentencing for Cyber Crimes, Computer and Internet Crimes in NY

New York State Penal Law Articles 70 and 80 defines penalties for cyber-crime convictions that can include prison time and/or fines.  Factors that will influence sentencing for cyber, computer and internet crimes will depend on who the victim is, and whether the defendant has prior criminal charges. Previous convictions as a persistent felony offender, violent felony offender, or persistent violent felony offender, can significantly impact sentencing.

Maximum Sentences for Cyber, Computer and Internet Crimes in NY

  • Class B Felony conviction could result in a maximum sentence of 25 years in prison and/or a fixed fine not to exceed $5,000 or double the amount of the defendant’s financial gain from the offense.
  • Class C Felony conviction could result in a maximum sentence of 15 years in prison and/or a fine that will not exceed $5,000 or double the amount of the defendant’s gain from committing actions taken.
  • Class D Felony conviction could result in a maximum prison sentence of 7 years and/or a fine of up to $5,000 or double the amount of the defendant’s financial gain.
  • Class E Felony conviction could lead to a maximum sentence of 4 years in prison and/or a fine not to exceed $5,000 or double the defendant’s gain.
  • Class A Misdemeanor conviction could result in a 1 year prison sentence and/or fines up to $1,000.
  • Class B Misdemeanor conviction could result in a jail sentence of up to 3 months and/or fines not to exceed $500.

Hiring a Criminal Defense Attorney for Cyber, Internet or Computer Crimes

Unless charged as a Federal Crime, white collar criminal convictions are sentenced according to New York misdemeanor and felony sentencing guidelines according to the type of crime.

When your career, lifetime earning potential and quality of life are in jeopardy, you will want to hire a qualified attorney as quickly as possible to preserve your rights, and to mount the strongest defense possible.

As one of one of the most reputable law firms in the greater Capital Region, E. Stewart Jones Hacker Murphy Law has been defending clients against criminal charges since 1898.  Our attorneys are experienced and have had significant success protecting the rights of our clients.

Contact us today for a free phone consultation or a confidential in-person meeting with an attorney at one of our convenient offices in Albany, Latham, Troy or Saratoga Springs, NY.  We will listen, allow time for you to ask questions and provide you with a no-obligation quote for our legal services on the spot.

Urgent Legal Matter?  Call Us Now.  Our attorneys are available to you 24 hours a day, 7 days a week, 365 days a year, even on holidays.  We are here to help.