An Overview of Cybercrime Laws in New Jersey

An Overview of Cybercrime Laws in New Jersey

New Jersey has some pretty complex cybercrime laws on the books. With more and more of our lives happening online these days, it’s important to have at least a basic understanding of what some of those laws actually say and what the consequences can be if you break them. This article will give a helpful overview of some key cybercrime statutes in NJ, as well as talk about some real-world examples and what defenses might apply.

Wrongful Access and Data Theft

One of the most common cybercrimes is gaining wrongful access to someone’s computer or network without permission. This can include everything from guessing someone’s password to using more complex hacking techniques. The laws around this are found in 2C:20-31.

Penalties vary based on how much data was accessed and how it was used, but can include fines and even prison time. For example, if someone accesses less than $1,000 worth of data, they could face up to 18 months in prison. But if they steal over $75,000 worth, we’re talking about a 10 year sentence.

A real case that happened involved a group of Rutgers students who used a spycam to watch their roommate kissing another man. They got 30 days jail time and had to undergo counseling and do community service. Definitely don’t do that!

Cyber Harassment and Stalking

Another unfortunate thing the internet has enabled is cyber harassment and stalking. New Jersey has laws making it illegal to send threatening communications or repeatedly stalk someone online with the purpose of annoying them. Fines and jail time can apply.

In 2015, a NJ man was convicted of stalking and harassing his ex-girlfriend for 7 years through fake social media accounts and messages. He got 42 months in prison. So these charges are taken pretty seriously!

Identity Theft

Identity theft is another huge cybercrime issue, and NJ police have a whole Cyber Crimes Unit dedicated to investigating it. Criminals use stolen personal information to open fraudulent accounts, make purchases, and commit tax fraud.

Penalties vary based on how many victims were impacted and how much money was stolen. Fines range from $500 – $150,000 and jail time can be years or even decades in prison.

In one crazy example, a group of criminals filed over 1,000 fraudulent tax returns using identities they’d stolen, attempting to get $2.6 million in refunds from the IRS and state tax offices. They got caught and received between 2 and 8 years in federal prison.

Hacking Laws

Gaining unauthorized access to someone’s computer is considered hacking under New Jersey law. This can mean breaking into networks, stealing data, taking over devices with malware, etc.

One specific law called the New Jersey Identity Theft Prevention Act requires businesses operating in NJ to disclose data breaches to customers. Failing to do so brings fines of $5,000 to $500,000.

In a 2021 NJ Supreme Court case, a man used spyware to access his wife’s emails and track her movements during their divorce. The court upheld the charges against him for computer criminal activity and invasion of privacy.

So hacking laws here have real teeth! Businesses and individuals need to take data security extremely seriously.

Available Defenses

If you do somehow get charged with a cybercrime in New Jersey, there are defenses that an experienced attorney can raise on your behalf:

• You didn’t actually access the data: If there’s no evidence you really obtained personal information or hacked accounts, this could get the charges dismissed.
• No criminal intent: If accessing data was a genuine mistake rather than intentional theft, this can sometimes apply.
• Violation of rights: If police violated your rights by seizing devices or searching accounts without proper warrants, evidence may get thrown out.
• Unconstitutional statutes: Less commonly, broad cybercrime laws have been challenged as too vague or overreaching.

Having a top-notch legal team argue these defenses gives you the best chance at a good outcome. The law firm Villani & DeLuca is excellent for NJ cybercrime cases if you ever need representation.

The Future of Cybercrime Law

Cybercrime is only growing more prevalent each year. As such, we can expect new legislation to come down the pipeline in New Jersey aiming to curb data theft, hacking, stalking, and fraud.

Potential laws could:

• Increase penalties and prison sentences
• Expand the definition of computer crimes
• Require more digital security for businesses
• Make it easier for victims to sue offenders

So if your company deals with sensitive customer data or you spend alot of time online, it’s crucial to follow cybercrime laws and precedent very closely. Consult an attorney anytime you have questions or concerns.

And as cybercrime evolves, take steps to protect your own data security through strong passwords, 2-factor authentication, VPNs, and being alert to phishing attempts. An ounce of prevention is worth a pound of legal headaches down the road!