For millions of New Yorkers, getting through an ordinary day requires using computers. Even if you opt for a weekend “phone detox” or a screen-free vacation, chances are good that you’ll interact with Internet-enabled devices in your home, office, or on a trip.

Many computer uses are completely legal. Others, however, run the risk of charges under New York Penal Law Section 156.00 and its related subsections. These laws govern “offenses involving computers.” Knowing what’s in them can help you understand why an investigation, arrest, or charge involving computers has been levied against you.

If you’re facing any type of criminal investigation or charge involving Internet or computer crime, talk to a knowledgeable New York criminal defense lawyer right away. The team at The Brill Legal Group is here to answer your questions.

Common Terms Defined in New York’s Computer Crime Laws

Penal Law Section 156.00 defines various terms used in New York’s computer crime laws. According to the statute, these definitions are applicable to the entire chapter of the New York Penal Law, except where different meanings are expressly specified — not limited solely to Article 156.

The definitions clarify exactly what the law means when it uses commonly used words like “computer” and “computer program.” Because these words are part of our everyday language, it’s important to define what legislators mean to include and exclude when they use these words in the statute’s text.

For example, the statute defines “computer” as “a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data.”

This is a big definition, but it helps to clarify the law by describing what the law means by “computer.” Some criminal cases turn on exactly what the state meant when it used a particular term in a criminal law. When your liberty is on the line, clarity is essential.

Computer Trespass

Penal Law Section 156.10 states that “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 also does at least one of two things:

• Intent to commit, attempt to commit, or to further the commission of any felony, or
• Knowingly gains access to computer material.

This statute covers many activities commonly known as “hacking.” It involves unauthorized computer use as part of a felony or to access material. A “computer trespass” charge may accompany other felony charges. These charges deserve the same robust defense as any criminal charge.

Computer Tampering

Penal Law Sections 156.20, 156.25, 156.26, and 156.27 cover computer tampering in the fourth, third, second, and first degrees, respectively. Computer tampering involves unauthorized use or access of a computer, service, or network to alter or destroy someone else’s programs or data.

Fourth-degree computer tampering is a misdemeanor. The penalties increase if tampering is connected to another felony, is done by someone previously convicted of any computer crime, affects medical records, and/or causes substantial monetary damage.

For example, Section 156.27 defines computer tampering in the first degree as committing computer tampering in the fourth degree and also “intentionally alter[ing] in any manner or destroy[ing] computer data or a computer program” causing damages of $50,000 or more.

Pushing back against a charge that you caused $50,000 or more in damage can be challenging. An experienced criminal defense lawyer can help you fight back.

Other Offenses and Defenses

New York’s computer crime laws also cover “unlawful duplication of computer related material,” “criminal possession of computer related material,” and “operating an unlawful electronic sweepstakes.” Each of these sections lists definitions and consequences if convicted.

The law also provides three defenses against computer related charges. Each defense applies to different sections of the law. For instance, a reasonable belief that one has authorization to use a computer is a defense to charges of unauthorized use or trespass. Similarly, the law recognizes a defense to computer tampering if one has a reasonable belief that they had a right to alter or destroy data or programs.

The strongest defense is always built on evidence. An attorney can help you gather that evidence and present it with the weight and seriousness it deserves. 

Facing criminal charges is never easy. When they’re linked to your computer activity, complex challenges may arise. The sooner you speak to an experienced attorney, the more options you have. Contact The Brill Legal Group at (212) 233-4141 for a free consultation at any time, day or night.

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