Reliable Computer Crimes Defense Attorney
Computer crimes are becoming a global concern, and technology plays a large role in our daily lives. Until Congress passed the Comprehensive Crime Control Act of 1984, there were few laws regarding computer and internet crimes. In recent years, state legislatures have passed laws prohibiting various types of illicit computer-related activity. Even so, computer crimes continue to be an ongoing concern, threatening our nation’s security.
A computer crime conviction can result in life-altering sentences, hundreds of thousands of dollars in fines, and a tarnished reputation. If you face computer crime charges, Peter Katz can represent you against these charges.
What is Computer Fraud?
The Department of Justice defines computer fraud as “any criminal law violations involving a knowledge of computer technology for their perpetration, investigation, or prosecution.” Encompassing a wide range of activities, a computer crime uses technology to commit identity theft and data breaches, develop scams, and generate computer viruses to steal sensitive information.
The Computer Fraud and Abuse Act of 1986
Codified as 18 U.S.C. § 1030, the Computer Fraud and Abuse Act (CFAA) of 1986 criminalizes accessing a protected computer. The statute defines computer fraud as knowingly accessing a federal government computer without prior authorization to steal restricted national defense or foreign relations data. As described in the statute, it is a violation of federal law to access such a “protected” computer (known as “hacking”).
Congressional Amendments
Congress has amended the Act several times, with the Senate passing the first amendment in October of 1986. This amendment recognizes additional offenses as fraudulent activity, such as:
- Stealing a “protected” computer to deceive someone out of money
- Altering or destroying sensitive information pertaining to a federal government computer
- Sharing or selling stolen passwords
If you are charged with federal hacking, you may be sentenced to a maximum of 20 years in prison and/or fined, with the potential for life in prison if you knowingly or recklessly caused someone’s death due to the illegal act.
Federal Computer Crimes
Criminal offenses under the CFAA include:
- Accessing U.S. agencies restricted sites without permission
- Hacking
- Scamming or phishing
- Accessing restricted or private financial records
- Interstate or foreign extortion
- Online solicitation of a minor
- Online stalking or harassment
- Child pornography
Cybersecurity laws are ever-changing, meaning that you could be in violation of a law without realizing it. My goal is to develop a defense strategy that safeguards your rights. So, if you suspect you are under criminal investigation, you must contact me immediately.
Computer Crimes Under New York State Law
New York Penal Code §156.05-156.40 recognizes the following computer crimes:
- Unauthorized use of a computer
- Computer trespass
- Computer tampering in the fourth-degree
- Computer tampering the third degree: Class E felony
- Computer tampering in the second degree: Class D felony
- Computer tampering in the first degree: Class C felony
- Unlawful duplication of computer-related material: Class B misdemeanor
- Criminal possession of computer-related material: Class E felony
- Operating an unlawful electronic sweepstakes: Class E felony
A computer crime can range from a class B misdemeanor to a class C felony, with sentences ranging from three months to 15 years in prison. A conviction means more than time behind bars. It is often accompanied by humiliation and a mark on your once-good name.
Speak with a New York Computer Crime Defense Attorney Today
The implications of a computer-related offense will include immediate punishments and future impediments. If you suspect that you are under investigation for a computer crime, you need to speak with a computer crime defense attorney immediately. Reach out online to schedule a consultation with my office. My initial consultation is free.