Computer Crime Penalties in New York

Computer crimes cover many illegal activities, from hacking and identity theft to online fraud. If you’re accused of a computer-related offense, it’s important to understand the possible consequences and how New York computer crime lawyer Peter Katz can help defend your case.

Types of Computer Crimes and Their Penalties

Computer crimes are categorized under various federal criminal statutes, with each type carrying its own set of penalties. Computer crimes can be charged as misdemeanors or felonies, depending on the nature and severity of the offense. Here’s a look at some common computer crimes and the penalties you could face.

Computer Fraud and Abuse Act

The Computer Fraud and Abuse Act (CFAA) is one of the primary federal statutes that prohibits several computer-related activities. These include unauthorized access to protected computers, exceeding authorized access and obtaining information, trafficking in passwords or other access devices, and damaging computer systems. Violations of the CFAA can result in fines and imprisonment, with penalties varying depending on the severity of the offense.

Wiretap Act

The Wiretap Act, also known as the Electronic Communications Privacy Act (ECPA), prohibits unauthorized interception, use, or disclosure of electronic communication, including wire, oral, and electronic communications. Violations of the Wiretap Act can lead to both civil and criminal penalties, including fines and imprisonment.

Unlawful Access to Stored Communications

Under the Stored Communications Act (SCA), it is illegal to access or disclose stored electronic communications without authorization. The SCA provides protection for communications stored by electronic communication services or remote computing services. Violations of the SCA can result in criminal penalties, including fines and imprisonment.

Identity Theft

Identity theft involves the unauthorized use of another person’s personal information for fraudulent purposes. The penalties for federal identity theft offenses can be severe, with potential fines and imprisonment depending on the specific circumstances of the crime.

CAN-SPAM Act

The CAN-SPAM Act regulates commercial email messages and establishes requirements for commercial emails, including prohibiting false or misleading information, providing an opt-out mechanism, and including a valid physical address. Violations of the CAN-SPAM Act can lead to significant penalties, including monetary fines and imprisonment.

Additional Consequences Beyond Jail Time

Beyond imprisonment and fines, a computer crime conviction can have lasting consequences. Employers may hesitate to hire someone with this type of conviction on their criminal record, especially for jobs involving sensitive data or network access. You could also lose professional licenses or face difficulty obtaining them, impacting your career and financial future. A New York computer crime lawyer can work to protect you from these outcomes by challenging the evidence or negotiating for reduced charges.

Defending Against Computer Crime Charges

If you’re charged with a federal computer crime, your defense may focus on intent, authorization, or the validity of the evidence. A New York computer crime lawyer can examine whether you had permission to access the system or data. Sometimes, misunderstandings or assumptions about consent can lead to wrongful charges.

Evidence in computer crime cases is often highly technical and requires careful analysis. Your lawyer can investigate the methods used to gather digital evidence, ensuring it was obtained legally and accurately. Any flaws in the evidence could help your attorney build a strong defense or negotiate for lesser charges.

New York computer crime lawyer Peter Katz is ready to build the most effective defense possible on your behalf. For a case evaluation, you can contact the Law Offices of Peter Katz online or call 609-547-3077.