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What is popularly known as "hacking" into another person's computer, or illegally accessing their personal information, is a crime. There are many factors that affect the level and punishments for the crime, but all are significant. All are indictable crimes; none are disorderly persons offenses.
A person is guilty of computer criminal activity if the person purposefully or knowingly without permission commits one of the following acts:
All of the aforementioned crimes can be upgraded to a first degree criminal charge, punishable by 10-20 years in prison and up to $200,000 in fines, if the offense results in:
Anyone found guilty of a first degree crime in this manner will serve one-third to one-half of their sentence with no chance of parole.
If the victim of the computer crime is a government agency, then the sentence will include imprisonment. The defendant will not be eligible for parole during the first one-third to one-half of his sentence, no matter the degree of crime. If the data stolen is in any way controlled or maintained by or on behalf of federal, state, or local governments, then a government agency is considered the victim. Even if the defendant did not know he was taking information from a government agency he is still liable for his crimes.
Each subsection of this statute is a crime unto itself, and a conviction for one subsection will not merge with one of another. A separate sentence will be imposed for each subsection violated.
If a minor is a victim of one of these crimes, it is considered an aggravating circumstance (a circumstance which adds to the guilt of the accused), which will then be considered by the court in determining the sentence.
If you have been charged with any of these offenses involving computer criminality, contact the defense team of LS&P Lawyers at (908) 709-0500. We are available 24/7 for a consultation.