The New York Penal code includes a section that is dedicated to computer crimes, such as computer trespass, computer tampering, unauthorized use of a computer and even unlawful duplication of computer related material. These offenses range from being a class B misdemeanor to as high as a class C felony. As with any criminal charge, it is incredibly important that you speak with an attorney regarding your charges. Call now for a free consultation with one of our experienced New York criminal attorneys.
Computer trespass is defined as when a person knowingly uses, causes the use or actually accesses a computer network, service or computer without proper authorization intending to commit, attempting to commit or furthering a felony offense or gains access to computer material. Computer material is further defined as any data or program that contains medical records, political records, or data that is not intended to be made available to anyone without rightful access. This charge is a class E felony, meaning that there could be a minimum year imprisonment if convicted.
Computer tampering is chargeable in four degrees, the lowest being a class A misdemeanor. Computer tampering in the fourth degree is charged when a person accesses or uses a computer network, computer service or computer and intentionally alters or destroys a program or data of another person. The offense becomes a class E felony when they commit computer tampering in the fourth and do so with intent to attempt or actually commit a felony, have previously been convicted of any computer tampering crime, intentionally destroys or alters computer material or in altering or destroying a computer program or data causes over $1,000 in damage.
If a person commits computer tampering in the fourth and intentionally destroys or alters any computer program or data causing over $3,000 in damages or computer material that contains medical history or treatment causing such person whose records were altered to suffer a serious physical injury. This charge is now a class D felony, meaning you could be facing significant time behind bars if the charges are not handled properly. In its highest form, if someone commits computer tampering in the fourth and damages or alters data causing over $50,000 in damage, the charge is a class C felony.
Unlawful duplication of computer material is either a class A misdemeanor. This offense is charged when a person who has no right in doing so duplicates, reproduces or copies any computer material containing medical records, their copy wrongfully deprives the rightful owner of benefits over $2,500 or while committing or attempting to commit a felony. Unauthorized use of a computer is one of the lower charges of computer crimes as well, being a class A misdemeanor. This charge applies when a person knowingly causes to be used, uses or accesses a computer service, network or computer without authorization.
Any degree or type of charge described in this article are serious criminal charges and should not be ignored. If you or someone you know are facing these type of charges, call now for a free consultation with one of our experienced New York criminal attorneys.