New Jersey Computer Theft Laws: What You Need to Know

Computer theft and cybercrimes are on the rise in New Jersey. As our lives become more digital, it’s important to understand the laws around computer theft and hacking. This article will break down the key computer theft laws in New Jersey, penalties, and defenses.

What is Computer Theft Under New Jersey Law?

New Jersey’s computer theft laws are contained in N.J.S.A. 2C:20-25. This law makes it illegal to access, alter, damage, destroy, or take data, programs, equipment or services from a computer without authorization.

Some examples of illegal computer activity under this law include:

• Hacking into someone’s computer or network
• Installing malware or spyware
• Stealing data, software, or hardware components
• Denying computer services through a cyberattack
• Accessing a computer to commit fraud or theft

So basically — messing with someone’s computer without permission can get you in legal trouble in New Jersey.

Degrees of Computer Theft Crimes

Not all computer crimes are treated equally under the law. New Jersey grades computer theft into different degrees based on how serious the crime is:

• 3rd Degree – Basic unauthorized computer access. This is the default if no aggravating factors exist. It’s a 3rd degree felony with up to 5 years in prison.
• 2nd Degree – If the data taken includes personal info, medical records, or data worth over $5,000. This bumps it up to a 2nd degree felony with up to 10 years in prison.
• 1st Degree – If the crime causes a “substantial interruption or impairment” of public services, like taking down a power grid or disrupting transportation. This is as serious as it gets — a 1st degree felony with 10-20 years in prison.

So the more damage you cause, the more trouble you’ll be in if caught. Prosecutors tend to take these crimes seriously.

Defenses to Computer Theft Charges

If you’re accused of illegally accessing a computer in New Jersey, there may be defenses that could get the charges reduced or dismissed. Some common defenses include:

• Authorization – You had permission to access the computer, network, or data. This authorization could be explicit or even implicit in some cases based on your relationship with the owner.
• No intent – The unauthorized access was unintentional or accidental. You didn’t purposely mean to break the law.
• Misidentification – You’ve been mistakenly identified and it was actually someone else who accessed the computer illegally.
• Free speech – Your activities were protected free speech under the First Amendment. This applies primarily to hacking collectives focused on political activism.
• Entrapment – Law enforcement induced you to commit a crime you otherwise wouldn’t have.

An experienced criminal defense lawyer can evaluate the specifics of your case and build the strongest defense strategy. Don’t go it alone against cybercrime charges.