| The term "computer crimes" is not one often heard in | | | | convicted of any computer or theft of services crime, |
| criminal news. Most people don't even realize it exists. | | | | or the act of deleting computer material was deliberate |
| Nevertheless, computer crimes are specifically | | | | or with the intent to cause damages for more than |
| addressed by most states' legislatures. New York | | | | $1000 dollars, the person may be guilty in computer |
| computer criminal statutes are codified in Section 156 | | | | tampering in the third degree, which is a class E felony. |
| of New York Penal Code. This article, written by a | | | | New York computer tampering in the second degree |
| New York City criminal defense lawyer Joseph | | | | involves committing the crime of computer tampering in |
| Potashnik provides a short glimpse into what is | | | | the fourth degree plus intentionally altering or destroying |
| considered a New York computer crime. | | | | computer data or a computer program so as to cause |
| The most common New York computer crime is | | | | damages for more than three thousand dollars. |
| Unauthorized use of a computer. You may be guilty of | | | | Computer tampering in the second degree is a class D |
| unauthorized use of a computer if you knowingly use | | | | felony. Finally, if an act causes more than $50,000 in |
| a computer or computer service without authorization | | | | damages, the person could be guilty of computer |
| and the computer or system you use is protected by | | | | tampering in the first degree, a class C felony. |
| password or another security feature. Unauthorized | | | | Tampering aside, another line of statutes deals with |
| use of a computer is a class A misdemeanor. | | | | illegal copying of computer related material. Under NY |
| Another common New York computer criminal charge | | | | Penal Law 156.30, a person may be guilty of unlawful |
| is Computer Trespass. Computer trespass means the | | | | duplication of computer related material when they |
| person knowingly uses a computer or computer | | | | illegally copy or duplicate computer or program data |
| service without authorization with an intent to commit | | | | causing owners economic damages in the amount of |
| or attempt to commit any felony or, alternatively, the | | | | more than $2,500 or copying these materials with an |
| person knowingly gains access to computer material. | | | | intent to commit felony. Unlawful duplication of |
| Computer trespass is a class E felony. | | | | computer related material is a class E felony. You don't |
| Next in line is Computer tampering. This offense may | | | | have to illegally duplicate computer material to violate |
| be in several degrees depending on circumstances. | | | | the statute. Simple possession of computer data may |
| You may be guilty of computer tampering in the fourth | | | | be a felony, too. For example, under Section 156.35, a |
| degree for using a computer or computer service | | | | person is guilty of criminal possession of computer |
| (even with permission) and intentionally altering or | | | | related material when having no right to do so, he |
| destroying computer data or a computer program of | | | | knowingly possesses, a copy, reproduction or duplicate |
| another person without permission to do so. Computer | | | | of any computer data or computer program which |
| tampering in the fourth degree is a class A | | | | was copied, reproduced or duplicated in violation of |
| misdemeanor. | | | | section 156.30 with intent to benefit himself or a person |
| If, in addition to this, the person has an intent to commit | | | | other than an owner. Criminal possession of computer |
| any felony or if the person has been previously | | | | related material is a class E felony. |