Computer Crimes in New York

What is considered a computer?

A computer means any device which is operated or manipulated by a computer program and can perform arithmetic, and date storage or retrieval operations. This includes an device that connects to a computer and allows storage, retrieval or communication with another person, computer or computer storage device.

What is kinds of evidence are on a computer?

The type of evidence depends upon the nature of the crime that is being investigated. Normally, when the police search a computer with a warrant, they will know the exact type of information that they are looking for on the digital device. This can range from records, to parts of a computer program, to written data.

Computer Program: A computer program is an ordered set of coded instructions that can cause the computer to process data, or to perform a number of different options. Normally the police would be looking for a computer program if it was an important part of a crime, such as hacking or phishing for the personal information to use in identity theft.

Computer Data: Computer data refers to any facts, knowledge, information or similar items that are processed, have been process or are stored within the computer. What is contained in the data depends on the type of crime; there are many different types of data that can be found, from technical data to simple written data. For example, a record meetings for the sale of illegal substances might be key evidence in prosecuting drug crimes.

Criminal Defense to Computer Crimes

A New York (NY) computer crimes is a serious criminal matter. If you have been charged with a serious felony involving computers, you face the possibility of spending many years in jail. In many cases, the search and seizure procedures are an important aspect of successfully defending computer crimes. If you want to find out how to avoid heavy fines and jail time get a free case review from an experienced criminal lawyer.

Unlawful Duplication of Computer Material - Class E felony

In the commission of many types of fraud or theft involving computers, important computer materials must be duplicated onto a separate computer device. Unlawful duplication of computer material will result in a separate felony charge when the offender is committing a felony using computers or attempting to commit a felony. It is also considered an unlawful duplication if the data is used for a financial an economic purpose and causes the owner to be deprived of or lose money that is more than $2500.

Criminal Possession of Computer Material - Class E felony

Criminally possessing computer material occurs when someone knowingly has computer material in their possession that was the product of an unlawful duplication with intent to benefit someone other than the owner of that material. This makes it illegal to buy, trade or otherwise receive illegal computer material from another person.
What is a valid criminal defense to a Computer Offense?

It is a valid criminal defense to any crime which involves gaining unauthorized access t the computer that the defendant reasonably believed that they have authorization. Similarly, it is a valid defense to any crime that involves the destruction of data or material that the defendant reasonably believed they had the authorization to destroy the data. This same defense applies to duplicated computer material.