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New York Computer Fraud Frequently Asked Questions

In New York, computer fraud is defined as a white-collar crime that uses a computer to commit the crime. New York there are five offenses that correspond to computer crimes. These offenses include the unlawful copying of computer related materials, using a computer without authorization, criminal possession of computer-related material, and computer tampering. In most situations, computers crimes implicate other crimes.

What is Considered Unauthorized Use of a Computer?

The unauthorized use of a computer is a class A misdemeanor. Unauthorized use of a computer involves using or accessing a computer, computer network, or computer service without legitimate authorization. Anyone can be charged with this crime even if they did not personally use a computer, computer network, or computer service. If you motivate someone else to use the computer, you can be charged. This crime is a class A misdemeanor, but that doesn’t mean jail time and gaining a criminal record, if convicted, is not a possibility.

What is Computer Trespass?

Computer trespass is a felony. It involves knowingly using a computer with the intent to commit a crime. Anyone using a computer to gain access to computer materials can also be charged with this crime. In regards to computer fraud offenses, computer related has a very specific meaning. Computer material is defined as computer data that is related to the medical history of identifiable people, or the records of individuals being maintained by a government agency. Computer trespass is a class E felony. If convicted, you can spend more than four years in prison.

What is Computer Tampering?

Computer tampering is accessing a computer illegally with the intent to destroy or change the data. There are four different computer tampering charges under New York Penal Law. Criminal tampering in the fourth degree is classified as a Class A misdemeanor. This charge involves accessing a computer, using a computer, or causing a computer to be accessed without authorization, and changing or destroying data. You are facing a class E felony if charged with computer tampering in the third degree. A person can be charged with this if they access a computer and intentionally destroy computer data or materials, and these actions cause more than $1000 in damage.

Computer tampering in the second degree is when a person illegally accesses a computer and causes damage that is more than $3000. A person can be charged with this if they destroy medical records of identifiable people and causes the person significant physical injury. Computer tampering is classified as a second degree is a class D felony. The most serious offense for this crime is a class C felony. Anyone who accesses or uses a computer illegally and intentionally causes damages or changes the data of a program that causes more than $50,000 in damage can be charged with this crime.

What is the Unlawful Duplication of Computer Related Materials?

Duplicating computer related material unlawfully is a crime based on copying computer material without permission. The unlawful copying of medical records without authorization is a class B misdemeanor. The first-degree charge for this crime involves duplicating computer data or a program and causing more than $2500 worth damage to the computer’s owner. You can also be charged if you are copying material during the commission of a felony. Anyone charged with this crime is charged with a class E felony. If convicted, a person can face up to four years in prison.

What is Criminal Possession of Computer Related Material?

It’s illegal to possess computer related material that was unlawfully copied with the intent to benefit from it. This crime is a class E felony. If convicted, you could spend up to 4 years in prison.

If you are facing computer fraud charges in New York you need to hire experienced legal representation, please contact Spodek Law Group at 888-742-6939. The attorney at our law firm have years of experience successfully representing clients charged with this type of crime.

by Leonard on Spodek Law Group
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