What are Cyber Crimes?
According to the New York Penal Code, cyber crimes are described in full, detailing the nature of acts that qualify to be so considered as such and potential penalties exactable upon conviction. They include computer crimes, internet and network crimes, which are punishable by law, and felony charges to that effect.
Given the nature of cybercrimes, they may often be perpetrated across state lines, which leads to the possibility of being prosecuted on misdemeanor, felony and even federal charges.
Types of Cyber Crimes
The following are some of the computer crimes that are outlined in New York state law.
Unauthorized Use of Computer
Class A misdemeanor, which happens when a person intentionally uses, accesses or facilitates use/access to a computer, computer service or computer network without authority.
Class E felony, which happens by gaining unlawful access to a computer with the intention of committing or attempting to commit another felony or gain access to the material therein.
Can be in the first to fourth degrees, which are Class A misdemeanors and Classes E, D and C felonies respectively. Refers to unauthorized access followed by intentional destruction and/or altering of computer data or programs. Classification depends on the nature of the succeeding offense as well as the value of the damage caused.
Class A misdemeanor, which happens when a person communicates with another person through electronic means with the intention of harassing, threatening, annoying or alarming that person.
Internet Sex Crime
A class of offenses including distributing indecent materials to a minor, possessing or promoting obscene sexual performance by a minor or promoting or possessing any sexual performance by a minor.
Unlawful Internet Gambling
The state of NY has no specific law against internet gambling. This crime is, however, enforceable under the Unlawful Internet Gambling Enforcement Act. The Wire Act determines which gambling activities qualify as unlawful.
Cyber Crime Penalties
The penalties for conviction on various cybercrimes are outlined in Articles 70 and 80 of the NY State Penal Laws. There are various factors that influence the sentencing for computer, cyber and internet crimes, including the criminal history of the defendant and the identity of the person who was affected by the crime.
Previous convictions give rise to persistent felony offenders, violent felony offenders and persistent violent felony offenders. This has a significant bearing on the sentence that will be imposed on conviction of the crime at hand.
There are various degrees to cybercrimes, and depending on the class, the penalties are given below
Class B felony
Up to 25 years imprisonment and/or a fine not exceeding $5,000 or two times the defendant’s gain in the crime
Class C Felony
Up to 15 years imprisonment and/or a fine not exceeding $5,000 or two times the defendant’s gain in the crime
Class D Felony
Up to seven years imprisonment and/or a fine not exceeding $5,000 or two times the defendant’s gain in the crime
Class E Felony
Up to four years imprisonment and/or a fine not exceeding $5,000 or two times the defendant’s gain in the crime
Class A Misdemeanor
One year imprisonment and/or a fine not exceeding $1,000
Class B Misdemeanor
Up to three months imprisonment and/or fines not exceeding $500
Cyber Crime Lawyers
If you are facing a cyber criminal-related charge, your earning potential, career and quality of life could be in serious jeopardy depending on the nature of the crime. You need to find the right defense attorney who knows the ins and outs of computer crimes statutes and the NY courts system, and who has a proven track record with past cases.
The Law Office of Stephan Jacob Siegel, Esq. are exactly what you need. Contact us as soon as you find out you’re being charged or under investigation, and let us help you defend and safeguard your future.