new york penal law 156 05 unauthorized use of a computer

In New York, illegally accessing or using someone else’s computer without authorization can lead to criminal charges under NY Penal Law 156.05. This statute makes unauthorized computer access a misdemeanor offense. Let’s take a closer look at this law, penalties, and possible defenses.

What is Unauthorized Use of a Computer in New York?

According to NY Penal Law Article 156[3], a person is guilty of unauthorized use of a computer when they:

• Knowingly use, access, or cause to be used or accessed a computer, computer service, or computer network without authorization
• Do not have reasonable grounds to believe they have authorization for such use or access

For example, illegally logging into someone’s email, social media, or other online accounts could lead to charges under this statute. Just accessing the computer system is enough, regardless of whether data is altered or damaged[1][2].

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Legal Scenario: What Would You Do?

Scenario

You let a coworker use your laptop to check their email, but later discovered they accessed your company's proprietary client database and downloaded confidential files without your knowledge or permission. Now your employer is threatening criminal charges against both of you, and detectives from the NYPD's cybercrime unit have reached out wanting to schedule an interview.

Can my coworker actually face criminal charges just for accessing files on a computer they were allowed to use, and could I be held responsible too?

Attorney's Answer

Under NY Penal Law § 156.05, a person is guilty of unauthorized use of a computer when they knowingly use or access a computer, computer service, or computer network without authorization. Even though your coworker had permission to use the laptop for email, exceeding that limited authorization by accessing the proprietary database could constitute a separate criminal act under this statute. As a Class A misdemeanor, a conviction carries up to one year in jail and a fine up to $1,000. You are unlikely to face liability unless prosecutors can show you knowingly facilitated the unauthorized access, but you should absolutely retain counsel before speaking with investigators, as anything you say could be used to build a case against you or your coworker.

This is general information only. Contact us for advice specific to your situation.

Penalties for Unauthorized Computer Use in NY

Unauthorized use of a computer is a Class A misdemeanor in New York[4]. Potential penalties if convicted include:

• Up to 1 year in jail
• Up to $1,000 in fines
• Probation up to 3 years
• Permanent criminal record