Several computer and internet activities are criminalized under New York Penal Code Article 156. This state law classifies most cyber crimes as computer tampering, criminal possession of computer-related material, unlawful duplication of computer-related material, computer trespass or unauthorized use of a computer. The state defines a computer as one or more devices that automatically perform logical, arithmetic, retrieval or storage operations by computing data. Additionally, crimes like identity theft and fraud are often perpetrated online.
Cyber crimes in New York
Unauthorized use of a computer occurs when one knowingly uses or causes the use or access to a computer device, service or network without authorization. This offense is considered a Class A misdemeanor punishable by fines up to $1000 and one year in jail. Computer tampering is divided into four degrees. The fourth degree, the most basic offense, involves unauthorized use combined with intentionally altering or destroying someone else’s data or software. Fourth-degree tampering has similar penalties as unauthorized use.
More on cyber crimes in NY
Computer tampering is a first-degree Class C felony offense when it causes over $50,000 in damages. This crime is punishable by up to $5,000 in fines and one to 15 years in prison. Criminal possession of computer-related material, computer trespass and first-degree unlawful duplication are Class E felonies punishable by up to four years in jail, fines up to $5,000 or double the amount obtained by the defendant. Many of these offenses serve as critical components of committing white-collar crimes.
Simply possessing stolen data can constitute a felony offense in New York. Courts may also order defendants to pay restitution to victims of identity theft who’ve suffered economic damages. The state also has anti-phishing laws that impose substantial fines for each instance of deceptive solicitations transmitted online or by email.
