New Jersey’s Computer Crime Laws: What You Need to Know

New Jersey has some of the strictest computer crime laws in the country. Section 2C:20-25 of the New Jersey Code of Criminal Justice deals specifically with computer criminal activity and outlines different degrees of crimes related to unauthorized computer access or damage. This law carries stiff penalties, including mandatory prison time for first-degree offenses, so it’s important for New Jersey residents to understand what constitutes a computer crime.

What Activities Are Considered Computer Crimes?

Under 2C:20-25, you can be found guilty of computer criminal activity if you purposefully or knowingly access, alter, damage or destroy any data, database, computer, network or software without authorization or in excess of authorization. This includes things like:

• Hacking into someone’s computer or online accounts
• Installing malware or spyware
• Stealing private data like financial information or passwords
• Deleting or changing data without permission
• Denying computer services by overloading sites or servers

Basically, if you access or mess with someone’s computer or online presence without permission, you could be committing a computer crime.

Degrees of Computer Crimes

Not all computer crimes are treated equally under New Jersey law. 2C:20-25 establishes four degrees of computer criminal activity:

Fourth Degree

This is the lowest level offense. It covers computer crimes that don’t fit into any other degree and generally involves minor harm or risk of harm. Fourth degree computer crimes can be punished by up to 18 months in prison and $10,000 in fines.

Third Degree

Third degree computer crimes involve more serious offenses that create a risk of physical injury or broader systemic harm. Examples include hacking into government computers or interfering with utilities like power grids or water treatment plants. Third degree crimes carry sentences of 3-5 years in prison and fines up to $15,000.

Second Degree

Second degree computer crimes lead to major damage and disruption over a wide area. This includes things like:

• Impacting 10+ homes/buildings
• Lasting disruptions of 2+ hours
• Risk of death or significant bodily injury

It also covers losses exceeding $250,000. Second degree computer crimes are punished by 5-10 years in prison and fines up to $150,000.

First Degree

The most serious computer crimes under 2C:20-25 are first degree offenses. These are things like cyber terrorism attacks or causing widespread loss of life through computer sabotage. First degree computer crimes carry mandatory minimum prison sentences of 10-20 years and fines up to $200,000.

Sentencing Enhancements

On top of the base penalties outlined above, 2C:20-25 includes sentencing enhancements for certain types of computer crimes. For example, every first degree sentence must include an extra one-third to one-half of the base sentence that must be served without parole eligibility.

There are also enhancements if computer crimes target specific protected groups. An additional sentencing factor applies if victims were targeted due to race, religion, sexual orientation or other protected characteristics.

Defenses Against Computer Crime Charges

Facing criminal charges for computer activity can be scary. But experienced criminal defense attorneys may be able to fight the charges or get penalties reduced. Some possible defenses include:

• You had permission: If you had authorization to access accounts or data, that could invalidate charges.
• No criminal intent: Mistakes or accidents may not qualify as purposeful criminal acts.
• Unlawful searches: If police violated rights by unlawfully searching devices, evidence may be excluded.
• Free speech: Certain computer activities could be protected speech under the First Amendment.

An experienced computer crime lawyer can evaluate the details of your case and build customized defense strategies. Don’t hesitate to seek legal advice if you are facing charges.

What This Means for New Jersey Residents

The computer crime statutes under 2C:20-25 give New Jersey some of the toughest laws in America against hacking, data theft, cyber vandalism and other tech-related offenses. Charges can lead to years behind bars even for crimes that seem minor on the surface.

It’s critical that all New Jersey residents using computers or the Internet understand what activities could be considered illegal. Accidental computer mistakes could still lead to criminal charges. Anyone facing allegations of unauthorized computer access or damage should immediately contact a criminal defense lawyer to protect their rights.

The legal team at Villani & DeLuca has extensive experience defending clients against computer crime charges in New Jersey. They can carefully review the details of your case and advise on the best defense strategies. Don’t leave your fate to chance – a knowledgeable lawyer can make all the difference.