Computer Crimes
The first step in understanding this category of crimes is to understand what a computer is according to New York Law. A computer, as defined by §156.00 of the Penal Law, is any device which, by manipulation of electronic, magnetic or other impulses, with a computer program, can automatically perform arithmetic, logical, storage, or retrieval operations with or on computer data. While many of these terms have their own definitions, in today’s technological age, a computer is more than merely the box in your office or the laptop in Starbucks. In fact, a computer can be in your pocket right now doubling as your cell phone or MP3 player.
Understanding what a computer is, the next question is whether the computer is the target of the crime or the computer is being used as a means to perpetrate a particular. Either way, law enforcement can use the same tools (search warrants, preservation letters, subpoenas – even tracking devices) to investigate the crime.
The first category of offenses is where the computer itself is the target of the offense. Such an example would be Unauthorized Use of a Computer. As defined by §156.05 of the Penal Law, this crime occurs when an individual accesses a computer without permission to do so and the system is protected in a manner to prevent unauthorized use. An example might be as straight forward as where a person is seeking names, dates of birth or social security numbers of other people stored on an office PC. Although the computer is password protected, the person manages to bypass the protection and get access to the system and the personal identifying information. While this crime is an “A” misdemeanor, punishable by up to 1 year and jail, there are more serious offenses such as Computer Tampering in the First Degree, Penal Law §156.27, which is punishable by up to 15 years state prison. That offense merely requires that a person use or causes to be used a computer or computer service without a right to do so and intentionally alters or damages computer data or a computer program and causes damage exceeding $50,000.
The second type of offenses often described as a computer crime is one where the computer is the tool to perpetrate the crime. For example, an individual might use a computer or computer program to create fraudulent identifications or counterfeit currency or credit cards. The possession of these identifications, currency or credit cards would not be a “computer crime,” but would be at minimum, Criminal Possession of a Forged Instrument in the Second or First Degree, both felonies. In these cases, the resulting crime my be just as severe and it makes little difference under the penal law if a computer was used to commit the crime or it was in fact the target of the offense.
Whether the computer is the target of the crime or the tool to perpetrate the crime (they are not mutually exclusive), the punishment can be severe and lead to significant terms of imprisonment. Because of the growing trend of crimes in this area and the sophistication by which people commit these crimes, law enforcement spends a great deal of energy and money investigating and prosecuting them. With tools that enable investigators to easily retrieve deleted data form a person’s computer and secure and freeze emails without the owner of the account knowing, it is important to retain experienced counsel to protect you and your rights.
Understanding what a computer is, the next question is whether the computer is the target of the crime or the computer is being used as a means to perpetrate a particular. Either way, law enforcement can use the same tools (search warrants, preservation letters, subpoenas – even tracking devices) to investigate the crime.
The first category of offenses is where the computer itself is the target of the offense. Such an example would be Unauthorized Use of a Computer. As defined by §156.05 of the Penal Law, this crime occurs when an individual accesses a computer without permission to do so and the system is protected in a manner to prevent unauthorized use. An example might be as straight forward as where a person is seeking names, dates of birth or social security numbers of other people stored on an office PC. Although the computer is password protected, the person manages to bypass the protection and get access to the system and the personal identifying information. While this crime is an “A” misdemeanor, punishable by up to 1 year and jail, there are more serious offenses such as Computer Tampering in the First Degree, Penal Law §156.27, which is punishable by up to 15 years state prison. That offense merely requires that a person use or causes to be used a computer or computer service without a right to do so and intentionally alters or damages computer data or a computer program and causes damage exceeding $50,000.
The second type of offenses often described as a computer crime is one where the computer is the tool to perpetrate the crime. For example, an individual might use a computer or computer program to create fraudulent identifications or counterfeit currency or credit cards. The possession of these identifications, currency or credit cards would not be a “computer crime,” but would be at minimum, Criminal Possession of a Forged Instrument in the Second or First Degree, both felonies. In these cases, the resulting crime my be just as severe and it makes little difference under the penal law if a computer was used to commit the crime or it was in fact the target of the offense.
Whether the computer is the target of the crime or the tool to perpetrate the crime (they are not mutually exclusive), the punishment can be severe and lead to significant terms of imprisonment. Because of the growing trend of crimes in this area and the sophistication by which people commit these crimes, law enforcement spends a great deal of energy and money investigating and prosecuting them. With tools that enable investigators to easily retrieve deleted data form a person’s computer and secure and freeze emails without the owner of the account knowing, it is important to retain experienced counsel to protect you and your rights.