COMPUTER FRAUD LAWYER NYC
Computer Fraud, or fraud charges that relate to misuse of a computer, can be prosecuted under state and federal laws.
Computer Fraud – New York Law (New York State Law)
New York Penal Law Article 156 defines several computer crimes relating to illicit use of a computing device. Specifically, it prohibits:
- Unauthorized use of a computer (§ 156.05): Knowingly using or accessing a computer, computer service, or computer network without authorization.
- Computer trespass (§ 156.10): Unauthorized access to a computer with intent to commit a felony or knowingly gain access to computer material.
- Computer tampering (§ 156.20 – § 156.27): Divided into four degrees, with the most severe being first-degree tampering. This involves unauthorized access and intentionally altering or destroying computer data or programs, or, for the most severe charge of computer tampering, a person will be prosecuted for causing damages exceeding $50,000.
- Unlawful duplication of computer-related material (§ 156.29 and § 156.30): It is illegal to copying, reproducing, or duplicating computer data or programs without authorization, under NY Penal Law§ 156.29. If this results in depriving the owner of economic value exceeding $2,5002, then you can be charged with unlawful duplication of computer related material in the first degree under NY Penal Law§ 156.30.
- Criminal possession of computer-related material (§ 156.35): This section of the NY Penal criminalizes the act of possessing the copied, duplicated, or reproduced computer programs or data in violation of § 156.30.
N.Y. Penal Law § 156.40 delineates the crime of operating an unlawful electronic sweepstakes. In response to charges related to computers, a person may be able to utilize various defences available under N.Y. Penal Law § 156.50.
Penalties vary based on the specific offense:
- Unauthorized use of a computer is a Class A misdemeanor, punishable by up to one year in jail3.
- Computer trespass is a Class E felony, carrying a potential sentence of up to 4 years in prison1.
- Computer tampering in the first degree is a Class C felony, with a maximum sentence of 15 years in prison4.
These statutes demonstrate New York’s comprehensive approach to addressing various forms of computer fraud and unauthorized access.
Computer Fraud – New York Law (Federal Law)
The Computer Fraud and Abuse Act (CFAA), codified as 18 U.S.C. § 1030, is the primary federal law addressing computer fraud and related cybercrimes. Under this statute, several criminal charges can be brought for computer-related offenses:
1. Unauthorized access to national security information: Knowingly accessing a computer without authorization to obtain classified information related to national defense or foreign relations.
2. Unauthorized access to financial or consumer information: Intentionally accessing a computer without authorization to obtain information from financial institutions, credit card issuers, or consumer reporting agencies.
3. Unauthorized access to government computers: Intentionally accessing a nonpublic computer of a U.S. government department or agency without authorization.
4. Computer fraud: Knowingly accessing a protected computer without authorization, with intent to defraud, and obtaining anything of value (unless the fraud only involves computer use worth less than $5,000 in a year).
5. Damaging protected computers: Knowingly causing the transmission of a program, code, or command that intentionally damages a protected computer without authorization.
6. Password trafficking: Knowingly and with intent to defraud, trafficking in passwords or similar information through which a computer may be accessed without authorization.
7. Extortion involving computers: Transmitting threats to damage a protected computer, obtain information without authorization, or demands for money related to computer damage, with intent to extort.
In addition to the CFAA, other federal statutes may be used to prosecute computer-related crimes, including:
– 18 U.S.C. § 1028: Fraud related to identification documents
– 18 U.S.C. § 1029: Fraud related to access devices
– 18 U.S.C. § 1343: Wire fraud
– 18 U.S.C. § 2511: Interception of electronic communications
– 18 U.S.C. § 2701: Unlawful access to stored communications
Penalties for violations of the CFAA can include fines and imprisonment, with sentences ranging from 1 to 20 years, depending on the specific offense and circumstances.
Facing a computer fraud charge in New York? Consult a white collar crime lawyer NYC for expertise in financial offenses, a criminal defense lawyer in Manhattan for navigating NYC’s legal system, or a personal injury lawyer NY if the case involves related damages. Expert legal help protects your rights and future.