Given New York’s position as one of the world’s great financial centers, it shouldn’t come as a surprise to learn that the State of New York also has some of the most severe laws “on the books” making most forms of unauthorized use of a computer a criminal offense.
As defined within New York’s Penal Law, a defendant is guilty of computer trespass if he or she gains unauthorized access to a computer, a workstation, a computer network, or a computer service and there was a malicious intent or purpose as the motivation behind that unauthorized access, such as:
Given the definition of computer trespass, it should be obvious that there are very few computer crimes that could not give rise to an additional charge of computer trespass. Computer crimes that, by their definition, could be used in support of a charge of computer trespass include:
You should also be aware of the fact that even if you are acquitted on a more serious computer crime charge, the State of New York could file a computer trespass charge against you, even though the basis for both charges is essentially the same.
Computer trespass is a felony in the State of New York!
The penalties that can be imposed if you are convicted on a charge of computer trespass are those of a Class E felony:
If you are convicted of computer trespass as well as another computer crime that is also a felony, the judge that hands down your sentence can order that all prison terms are to be served consecutively (one after another) rather than concurrently (at the same time). Such a decision could easily add several years of additional prison time to an already harsh sentence.
Computer and computer-assisted crime are relatively new branches of criminal law. As with any defense on a criminal charge, the first step toward a successful defense of a computer crime charge is to obtain the services of a NYC criminal defense lawyer who understands the laws relative to computer crime at both the federal and state levels. Only a lawyer who understands both computer science and criminal law will be in a position to provide an effective defense to someone charged with computer trespass or any other computer crime charge.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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