new york penal law 156 10 computer trespass
Being accused of computer trespass under New York Penal Law 156.10 is extremely serious. Computer trespass is a Class E felony with up to 4 years in prison if convicted. But an experienced criminal defense attorney can often get the charges reduced or dismissed.
Read on to understand this computer crime law, potential defenses, and how the right lawyer can help defend your case.
What is Computer Trespass Under NY Penal Law 156.10?
According to NY Penal Law Article 156 [2], a person commits computer trespass by:
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(212) 300-5196- Knowingly using, causing to be used, or accessing a computer, computer service, or computer network without authorization
- Thereby knowingly gaining access to computer material
This includes hacking, breaching password protection, accessing unauthorized data, or logging into someone else’s account without consent. The key is exceeding or circumventing technical or policy restrictions on computer access.
Penalties for a Computer Trespass Conviction in NY
Computer trespass under NY Penal Law 156.10 is a Class E felony according to NY criminal lawyers [3]. Potential penalties include:
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Your employer discovered you accessed a restricted company database containing trade secrets after your system privileges were revoked following a disciplinary warning. Now you've received a call from an NYPD detective saying they want to discuss a criminal complaint filed against you for computer trespass.
Can I really face felony charges just for looking at files on a work computer I used every day?
Under New York Penal Law § 156.10, computer trespass is a Class E felony that carries up to 4 years in prison. The statute applies when someone knowingly uses or accesses a computer without authorization and does so with intent to commit or attempt to commit a felony. A strong defense may argue that you lacked the requisite criminal intent or that your access was not clearly unauthorized under your employment terms. We would scrutinize the scope of the access revocation, whether you received adequate notice, and whether prosecutors can prove the felony intent element beyond a reasonable doubt.
This is general information only. Contact us for advice specific to your situation.
- 1 to 4 years in state prison
- Fines up to $5,000
- Restitution to victims
- Permanent felony record
- Loss of certain rights
Lesser computer tampering charges may apply to minor security breaches. But prosecutors often pursue felony computer trespass charges in hacking cases.
