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Computer trespass and related crimes

Computer Crimes

§ 156.05 Unauthorized use of a computer

A person is guilty of unauthorized use of a computer when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization. Unauthorized use of a computer is a class A misdemeanor.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

§ 156.10 Computer trespass

A person is guilty of computer trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:

  1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or
  2. he or she thereby knowingly gains access to computer material.

Computer trespass is a class E felony.

§ 156.20 Computer tampering in the fourth degree

A person is guilty of computer tampering in the fourth degree when he or she uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and he or she intentionally alters in any manner or destroys computer data or a computer program of another person.
Computer tampering in the fourth degree is a class A misdemeanor.

§ 156.25 Computer tampering in the third degree

A person is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth degree and:

  1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
  2. he has been previously convicted of any crime under this article or subdivision eleven of section 165.15 of this chapter; or
  3. he intentionally alters in any manner or destroys computer material; or
  4. he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding one thousand dollars. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

Computer tampering in the third degree is a class E felony.

§ 156.26 Computer tampering in the second degree

A person is guilty of computer tampering in the second degree when he or she commits the crime of computer tampering in the fourth degree and he or she intentionally alters in any manner or destroys:

  1. computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars; or
  2. computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals and as a result of such alteration or destruction, such individual or individuals suffer serious physical injury, and he or she is aware of and consciously disregards a substantial and unjustifiable risk that such serious physical injury may occur.

Computer tampering in the second degree is a class D felony.

§ 156.27 Computer tampering in the first degree

A person is guilty of computer tampering in the first degree when he commits the crime of computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars.
Computer tampering in the first degree is a class C felony.

§ 156.29 Unlawful duplication of computer related material in the second degree

A person is guilty of unlawful duplication of computer related material in the second degree when having no right to do so, he or she copies, reproduces or duplicates in any manner computer material that contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals with an intent to commit or further the commission of any crime under this chapter.
Unlawful duplication of computer related material in the second degree is a class B misdemeanor.

§ 156.30 Unlawful duplication of computer related material in the first degree

A person is guilty of unlawful duplication of computer related [FN1] in the first degree material [FN2] when having no right to do so, he or she copies, reproduces or duplicates in any manner:

  1. any computer data or computer program and thereby intentionally and wrongfully deprives or appropriates from an owner thereof an economic value or benefit in excess of two thousand five hundred dollars; or
  2. any computer data or computer program with an intent to commit or attempt to commit or further the commission of any felony.

Unlawful duplication of computer related material in the first degree is a class E felony.

§ 156.35 Criminal possession of computer related material

A person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 156.30 of this article, with intent to benefit himself or a person other than an owner thereof.
Criminal possession of computer related material is a class E felony.

To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

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Kurt T. Richards, P.C.
1200 South Avenue, Suite 201
Staten Island, NY 10314
Phone: 718-720-1000
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