One of the more serious computer crimes prosecuted by assistant district attorneys and defended by New York computer crime lawyers, Computer Trespass is a felony offense. Punishable by up to four years in state prison, Computer Trespass, pursuant to New York Penal Law 156.10, has two distinct subsections.
Generally, you are guilty of NY PL 156.10 when without permission or authorization you access or use a computer or the associated service or network. In addition you must also:
- have the intent to commit a felony; or
- gain access to computer material and do so knowingly.
There are a few things that should be clarified with your criminal lawyer when determining whether you have committed the crime of Computer Trespass in New York. First, did you have permission to access or use the computer in question? Did you have permission in the past and since then has that authority been revoked? Moreover, assuming you did not have permission, did you have the intent to commit a felony or alternatively gain access to computer material? If the theory of the prosecution was the latter, did you fall upon this computer material or did you knowingly access it? Again, assuming your actions were knowingly, was the material “computer material” as defined by the law? Merely accessing the computer without the intent to commit a felony or to knowingly gain access to “computer material” does not make your actions a felony crime. At a minimum, your computer crime or cybercrime lawyer should be able to vet these issues with you and ascertain the proper or strongest defense against the charges.
It is worth noting that if you did act in a manner as described above and you also damaged or altered computer data or a computer program, you may face more serious charges. These charges can include Computer Tampering which carries a potential penalty of up to fifteen years in prison.
Crotty Saland PC represents the accused throughout the New York City region in all computer related crimes. Prior to starting the criminal defense firm, both founding members served in the Manhattan District Attorney’s Office.
Call the New York criminal lawyers and former Manhattan prosecutors at (212) 312–7129 or contact us online today.