New Jersey Computer Theft Definitions

Computer theft and hacking crimes have unfortunately become more common in recent years. As we rely more and more on technology in our daily lives, it’s important for New Jersey residents to understand the laws regarding unauthorized computer access and data theft. This article will provide an overview of the relevant New Jersey statutes and case law precedents related to computer crimes.

The main New Jersey law dealing with computer theft and hacking is N.J. Stat. § 2C:20-25, which defines various “computer criminal activities.” This law prohibits accessing a computer or network without authorization, damaging or altering computer data, or accessing a computer to execute a fraudulent scheme. Violations range from third to first degree crimes depending on the severity.

Some key terms are defined in N.J. Stat. § 2C:20-23 to understand the scope of the law. “Computer” refers to any electronic device or communication facility that stores, processes, or retrieves data. “Computer equipment” includes hardware like storage devices, cables, keyboards, and printers. “Computer program” means an ordered set of data that allows a computer to perform a specific task.

One important aspect of the law is that it prohibits unauthorized computer access even if no data is altered or stolen. Simply accessing a computer without permission is a third degree crime under N.J. Stat. § 2C:20-25(a). The law treats the computer itself as property with value.

More serious violations occur when the hacker damages, destroys, or steals data. For example, altering or destroying computer data without authorization is a third degree crime under N.J. Stat. § 2C:20-25(b). The grading increases to a second degree crime if the data contains personal information, governmental records, or is worth over $5,000.

Outright theft of data is covered under N.J. Stat. § 2C:20-25(e), which prohibits copying or transferring data without permission. This section treats computer data as a form of property that can be stolen just like physical goods. The degree of crime depends on the kind of data and its value.

In addition to data theft and destruction, the law also prohibits hacking into a computer to run a fraudulent scheme under N.J. Stat. § 2C:20-25(c). Examples include hacking into a system to steal identities or make unauthorized transactions. This is a third degree crime but can become first degree if it interrupts public utilities or services.

There are also separate laws prohibiting distribution of hacking tools under N.J. Stat. § 2C:20-25(i) and theft of computer services under N.J. Stat. § 2C:20-8. Manufacturing or selling devices to unlawfully access telecommunications or Internet services is a third degree crime.

Beyond these criminal statutes, victims of computer crimes can potentially sue for civil damages under theories of trespass, breach of contract, or invasion of privacy. For example, in PBA Local No. 38 v. Woodbridge Police Department, a police officer sued his employer for invasion of privacy when they accessed his email without permission. The court allowed the case to proceed based on the unauthorized computer access.

There are various defenses that apply to computer crime charges. For example, employees who access employer computers within the scope of their duties are generally authorized users. But permissions can be exceeded in some cases, like snooping in private payroll files. System administrators also have authority to access computers for security testing and maintenance. But criminal charges can still apply if they misuse data or damage systems.

The complexity of computer systems raises many novel legal issues that courts continue to address. In State v. Evers, the court had to determine if manually inputting stolen credit card numbers into a terminal constituted illegal access under the statute. The court took a broad view of unauthorized access, finding the physical terminal was merely an interface to the network.

With the rise of cloud computing and storage, the question of where a computer is physically located has also become important. In State v. Sumulikoski, the court ruled New Jersey could prosecute a defendant who hacked into a New York computer over the Internet, since the illegal access occurred within the state.

As technology continues to evolve, no doubt new legal issues around computer crime will emerge. For now, New Jersey residents should be aware that state law provides criminal penalties for a wide range of unauthorized computer access, theft, and damage. Understanding the nuances of the law can help people stay on the right side of it.