The term "computer-related crime" is not often heard in criminal news. Most people still don't realize that there is. However, it is specifically addressed by the legislatures of the States most. In New York, it is codified in article 156 of the Criminal Code of New York. This article provides a brief look at what is considered a computer crime in New York.
The most common crime is the unauthorized use of a computer. It may be guilty of this offence if deliberately uses a machine or a system without authorization and the equipment or system to use is protected by password or other security feature. This offence is an offence under a class.
Another common charge is team of intrusion, which means deliberately using a computer without authorization with the intent to commit or attempt to commit any offence or, Alternatively, the person who deliberately gets access to computer equipment. It is a felony offense class E.
Next in line is team manipulations. This offence can be in varying degrees depending on circumstances. It may be guilty of this manipulation in the fourth degree to use a computer (even with permission) and intentionally alter or destroy data or a program from another person without permission to do so. Handling in fourth-grade equipment is a crime under a class.
If, in addition to this, the person has the intention to commit any crime or if the person has been previously convicted of cyber crime or theft crime of services, or the Act of disposal of computer equipment was deliberate or with intent to cause damage by more than $1,000, the person may be guilty in manipulation of the third grade teamwhich is a class e felony.
New York manipulations in the second grade team involves the offence of handling equipment in the fourth degree plus intentionally alter or destroy data or a program to cause damage by more than three thousand dollars. Team of manipulation in the second degree is a class d felony. Finally, if an act causes more than $50,000 for damages, the person could be guilty of handling equipment in the first degree, a class c felony.
Manipulation of one side, another line of statutes deals with illegal copying of material related equipment. In NY 156.30 of Penal law, a person may be guilty of illegal duplication of equipment related material when illegally copied or duplicate software or any program that cause economic damage of the owners of data of more than $2,500 or copy these materials with the intent to commit a felony. Illegal duplication of related material team is a class e felony.
You don't have to illegally duplicate software to violate the Statute. Simple possession of stolen data can be a serious crime, too. For example, under section 156.35, a person is guilty of criminal possession of computer related material when any right to do so, knowingly has, copying, reproduction, or duplicate data or program that has been copied, reproduced or duplicated in violation of section 156.30 with intention of benefit to himself or a person other than an owner. Criminal possession of computer related material is a class e felony.
New York law allows some defences in cases of cyber crimes. Some of them include a defence which the accused had reasonable grounds to believe that he had authorization to perform proscribed activities.
Joseph Potashnik is a lawyer of cybercrime in New York represents persons charged with State and federal crimes, including manuals and crime of fraud, drugs and weapons and computer crimes. It also defends professionals such as doctors and teachers to professional discipline. Please visit the Web site of Mr. Potashnik at http://www.jpdefense.com for more information.
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