NYC Computer Crimes Lawyers

New York Penal Law: Internet and Computer Crimes

New York Penal Law discusses various internet and computer crimes, and the various punishments for committing these crimes. These types of crimes often include felony charges. Because cyber crimes cross state lines, you can face misdemeanor, felony, and/or federal charges. Spodek Law Group, PC, handles all types of computer crimes cases, and can help you if you’re accused with any of the following crimes.

Unauthorized use of a computer

NY penal law 156.05, is a class A misdemeanor. It occurs when someone knowingly uses, or accesses, a computer, without the proper authorization

Computer trespass

This happens when someone gains unauthorized of a computer, and does it with an intent to commit, or further, another felony.

Computer tampering

This is a crime that can occur in the first, second, third, or fourth degree.

In the fourth degree

It’s a Class A misdemeanor, and it happens when someones got unauthorized use of a computer, and intentionally alters it, or destroys, the data or the computer.

In the third degree

It’s a Class E Felony. It happens when someone commits computer tampering in the 3rd degree, and in addition, has been convicted of a previous computer crime, if he/she has intentionally altered/destroyed material on the computer, or intentionally alters/destroys data and programs that results in damage over $1,000 to the victim.

In the second degree

It’s a Class D felony. It happens when someone tampers with a computer in the fourth degree and also does damage which results in $3000 or more in damages. In addition, it can be when someone alters/destroys, data pertaining to medical history or records of an individual, and as a result – creates serious injury. It has to be shown that the defendant was aware of the risk, and ignored it.

In the first degree

Is a Class C felony. It happens when someone commits tampering and intentionally alters, or destroys, data, which results in $50,000 or more in financial damages to the victim party.

Cyberharrassment

This is governed by Penal Law 240.30, which makes it a Class A misdemeanor. It happens when someone communicates, in a manner, anonmyously, online, in order to harass, annoy, or threaten a person.

Internet Sex Crimes

Charges for this type of cybercrime can include: disseminating indecent material to minors, it can also include promoting obscene sexual content by a child, possessing obsense sexual performance by a child, promoting a sex perofrmance by a child, and possessing a sex performance by a child.

Internet Gambling

This is a type of federal crime. New York doesn’t have internet gambling rules. Cybercrime in the context of internet gambling falls under the Unlawful Internet Gambling Enforcement Act, which is a federal crime. The US government has mandated that internet gambling is illegal – thorugh the wire act. The federal government prohibits online gambling companies from knowingly accepting payments in connection with illegal internet gambling.

Sentencing Guidelines

New York Penal Law 70 and 80 defines all the penalties and sentences for cyber-crime convictions. The sentencing guidelines can include prison time, and/or fines. Factors that can influence the sentencing of your crime will defend on things like – prior criminal history, whether the crime was violent, or whether you’re a persistent offender.

• Class B felonies – result in a max sentence of 25 years, and/or a fine which is not to exceed $5,000 or double the amount of your gain from the offense.
• Class C Felonies – max conviction of 15 years and/or in a fine which will not exceed $5000, or double the gain from the action taken.
• Class D Felonies – conviction in a maximum prison sentence of 7 years, and, or, a fine up to $5000 or double the financial gains from your actions.
• Class E felonies – conviction of a max sentence of 4 years, and/or a fine – which shouldn’t exceed $5000 or double the financial gain
• Class A misdemeanors – 1 year prison sentence, and or a fine up to $1000
• Class B misdemeanor – jail sentence up to 3 months, and/or a fine not to exceed $5000