Second Degree Unlawful Duplication of Computer Related Material
Maybe you copied some computer data that you were not entitled to access. Maybe you duplicated personal information of your spouse in connection to a custody dispute or divorce proceeding that he or she had downloaded onto an iPad or similar tablet. Whatever the set of facts or the allegation, you might find yourself charged with one of many computer crimes found in the New York Penal Law. A common offense handled by New York criminal lawyers experienced in defending clients arrested for "cybercrimes," Unlawful Duplication of Computer Related Material in the Second Degree (New York Penal Law 156.29) may be the offense that you ultimately face. A "B" misdemeanor punishable by up to ninety days in jail, an arrest and ultimate conviction for this offense will become a part of your permanent record.
What is Second Degree Unlawful Duplication of Computer Related Material
While the main Unlawful Duplication of Computer Related Material information page addresses the criminal statute as well as the many legal definitions defined by the New York Penal Law, the following is a brief description of this misdemeanor crime. You are guilty of Unlawful Duplication of Computer Related Material in the Second Degree if you copy, duplicate or replicate any computer material without permission or authority. This computer material must relate specifically to medical history or medical treatment and be accessed and duplicated for the purpose of committing or furthering certain crimes. Keep in mind that the medical records that are copied must be that of either an identifiable or readily identifiable person.
Because Unlawful Duplication of Computer Related Material in the Second Degree has specific elements, it is critical, just as in any allegation, that your criminal attorney hold the prosecution to their burden of proof beyond a reasonable doubt. Were medical records obtained? Was the person or person who was the subject of those records identifiable or readily identifiable? How will the prosecution actually prove that you did not have permission or authority to access and copy the material you are alleged to have wrongfully copied?
However you and your criminal lawyer determine what the best defense may be to a charge of NY PL 156.29, the sooner you identify your defense and set that defense into motion the greater your chance for success will be.
Call the New York criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today to discuss your case and possible defenses.