The Penalties for Hacking and Computer Crimes in New Jersey

The Penalties for Hacking and Computer Crimes in New Jersey

New Jersey takes computer crimes very seriously, with penalties ranging from fines to lengthy prison sentences depending on the nature and severity of the offense. This article provides an overview of the various computer crime laws in New Jersey and the potential penalties defendants may face if convicted.

What Constitutes a Computer Crime in New Jersey?

New Jersey’s computer crime laws are primarily contained in N.J. Stat. § 2C:20-25, which defines a computer crime as purposely or knowingly accessing computer data, programs, or systems without authorization or in excess of authorization. This includes activities such as hacking, malware attacks, denial of service attacks, identity theft, and unlawfully accessing private data.

Some other common computer crimes include phishing scams, cyberstalking, online impersonation, and swatting (making false emergency calls). New Jersey also has laws against using technology to invade privacy and distributing child pornography.

Penalties for Computer Crimes in New Jersey

The penalties for computer crimes in New Jersey vary based on the nature of the offense and the extent of the harm caused.

• Disorderly Persons Offense – This is the lowest level computer crime in New Jersey, punishable by up to 6 months in jail and a fine of up to $1,000. This includes basic hacking or computer trespass violations.
• Fourth Degree Crime – 4th degree computer crimes can be punished by up to 18 months in prison and a fine of up to $10,000. Offenses at this level include breaches involving under $500 in damage.
• Third Degree Crime – More serious computer crimes like breaching protected computers or causing $500 to $75,000 in damages are 3rd degree offenses. Penalties can include 3-5 years in prison and fines up to $15,000.
• Second Degree Crime – Second degree computer crimes involve damages of $75,000 to $150,000 and can result in 5-10 years in prison and fines up to $150,000.
• First Degree Crime – The most serious computer crimes like breaching government computers or causing over $150,000 in loss are first degree offenses. Convictions can lead to 10-20 years imprisonment and fines up to $200,000.

In addition to fines and imprisonment, those convicted of computer crimes in New Jersey may also face probation, community service, restitution payments, and the forfeiture of any equipment used in the commission of the crime.

Aggravating Factors That Can Increase Penalties

There are a few circumstances that can elevate the penalties for computer crimes in New Jersey:

• Multiple Victims – Causing loss to multiple victims through a computer crime can result in harsher penalties.
• Vulnerable Victims – Targeting vulnerable populations like the elderly or disabled can also increase penalties.
• Organized Scheme – Participating in an organized hacking/fraud ring can mean more severe punishment.
• Prior Convictions – Those with prior computer crime convictions typically face stiffer penalties for subsequent offenses.
• High Loss Amounts – Obviously, crimes involving very large financial losses often equate to longer prison terms.

Defenses Against Computer Crime Charges

There are several legal defenses that a knowledgeable computer crime attorney may use to fight hacking and cybercrime charges in New Jersey:

• Lack of Criminal Intent – If there is insufficient evidence you specifically intended to commit a crime, charges may be dismissed or reduced.
• Authorized Access – If you had legitimate authorized access to the computer system, the charges may be defeated.
• Misidentification – If you were wrongly identified and didn’t actually commit the crime, the charges can be challenged.
• Entrapment – If you were illegally entrapped or induced by police to commit the crime, the charges can potentially be dropped.
• Violation of Search and Seizure Protocols – If evidence against you was obtained illegally, it may be excluded and the case dismissed.

Final Thoughts

Hopefully this overview gives you a better understanding of the various computer crime laws in New Jersey and the potentially severe penalties defendants can face if convicted. For anyone charged with hacking, identity theft, or related cyber offenses in New Jersey, securing experienced legal counsel is critical. An attorney may be able to raise strong defenses or negotiate reduced charges/penalties on your behalf. Don’t hesitate to consult a lawyer if you are being investigated for or charged with any type of computer crime.