Unlawful computer access can be defined as gaining access to a computer or a network of computers illegally. It is also defined as allowing another person to have access to that computer illegally. Unauthorized access to a remote computer without permission can be defined as figuring out someone’s password or accessing another computer using the same password. It can also be defined as giving out the password to another person who can use it to access a computer. It can also involve hacking into someone’s remote computer through the internet, accessing someone’s computer without the necessary privileges, or pretending to be the person who should access that computer that is not in your available choices. If you access someone’s computer without the necessary privileges and destroy or alter the network information, the crime you have committed is computer tampering.
There are four types of computer tampering in the New York criminal code. The specific charge you might be entitled to undertake might be determined by the previous criminal record, your reason for destroying or altering the data, and the damage caused. Under the New York Penal Code 156:25, you might have committed a third-degree computer tampering crime if you access or use a computer service, a computer, or a computer network without the necessary authority to destroy or alter some information stored in the database. You may also:
1. Do so with the main intention to commit a felony
2. Have been convicted of a related offense in a criminal court or a service theft crime that involves avoiding payment after using computer services.
3. Intentionally destroy or alter any computer material, or
4. Intentionally destroy or alter a computer program or data where the damages exceed $1,000.
Ben hacked into a computer system belonging to a local telephony service company on a bet. He used this privilege to shut down 10 telephone services belonging to other callers. Ben could face a prison sentence for the third-degree computer tampering crime. Because he accessed the computer system without the necessary privileges and shut down service for the company’s customers, it is evidence enough that he altered the computer data.
1. Unauthorized computer use: New York Penal Code 156:05
2. Computer trespassing: New York Penal Code 156:10
3. Criminal possession of computer material: New York Penal Code 156:35
4. Service theft: New York Penal Code 165:15
According to the New York computer tampering statute, is that you can show the judge you thought you had the necessary privilege to access this data in the system of equipment. Another defense can be drawn from denying the fact that it wasn’t you who altered or destroyed the data. If the IP address belongs to your computer, you can say someone else used your computer. For this reason, the prosecutor will be challenged.
Third-degree computer tampering is a class C felony. You are likely to face a four-year prison sentence. A five-year probation term can accompany you to the prisons together with a substantial fine.
The NYC Criminal Attorneys Law Firm
If you or anyone you know is being investigated for the third-degree computer tampering crime, take this investigation with a lot of seriousness. You could end up in a four-year prison term if you are convicted of this crime. You might also be required to pay a substantial fine. The staff at NYC Criminal Attorneys Law Firm has many years of professional experience in representing their clients in the New York criminal courts with charges of embezzlement, grand larceny, and other crimes. For a free consultation session, please call us and talk to an experienced legal representative.