New Jersey’s Computer Crime Law – What You Need to Know

When Would This Law Apply?

There are a variety of situations where Section 2C:20-33 could come into play. For example:

• Downloading or copying software, games, apps or other programs without paying for them or having the rights to use them
• Hacking into someone’s computer, phone, or online accounts without permission
• Accessing someone’s files, documents or photos without authorization
• Obtaining someone’s login credentials through phishing or other methods
• Copying databases or datasets without the legal rights to do so

So essentially, if you access anything on someone else’s devices or accounts without permission, you could be violating this law. The key is that the value must be $1,000 or less. If it’s more than that, you could face charges under other computer crime statutes with even stiffer penalties.

What Are Some Defenses?

If you’ve been accused of violating Section 2C:20-33, it’s important to work with an experienced New Jersey criminal defense attorney to protect your rights. There may be defenses that apply to your specific situation, such as:

• You had permission or authorization: If the owner gave you permission to access their computer, software or data, that could invalidate the charges. The problem is that consent can sometimes be difficult to prove.
• No intent to commit a crime: Prosecutors must be able to show that you intentionally accessed the computer/software for the purposes of an illegal act. If it was just an accident or mistake, that could undermine the charges.
• Incorrect valuation: If prosecutors allege the value was $1,000 or less but can’t reliably prove that valuation, it could affect the case.
• Violation of your rights: If evidence against you was obtained illegally through things like warrantless searches, it may be suppressed.
• Mistaken identity: If prosecutors have the wrong person, an alibi or other evidence could avoid a wrongful conviction.

The complexity of these cases is why skilled legal help is so crucial. An attorney can properly investigate the charges and build a defense strategy tailored to the specifics of your case.

What Are the Implications and Consequences?

If convicted under Section 2C:20-33, you face a fourth-degree felony charge punishable by up to 18 months in state prison and fines up to $10,000, as noted above. You may also have to pay restitution to the victim and have a permanent criminal record that hurts job, education, housing, and other prospects.

Beyond the formal legal penalties, there are other consequences to keep in mind:

• Civil lawsuit: The victim could sue you for financial damages related to the unauthorized computer/software access.
• Loss of device/accounts: Companies may ban you from using their equipment, software, or online services in the future.
• Reputational harm: News of an arrest/conviction for a computer crime could hurt your personal and professional reputation.
• Immigration issues: Non-citizens could be deported if convicted, per New Jersey immigration laws.

The stakes are high, which is why aggressive defense representation is so important if facing charges under this statute. Don’t hesitate to act now.

What Should You Do if Charged?

If questioned or arrested by police regarding New Jersey Section 2C:20-33 or related computer crime charges, it’s vital that you:

• Remain silent and only speak to an attorney
• Don’t try to explain anything to police without counsel
• Hire an experienced criminal defense lawyer ASAP
• Follow their advice about cooperating, negotiating, defending the case at trial, etc.
• Make sure your attorney investigates the charges for any potential violations of rights or other defenses

Too often, people charged under computer crime statutes believe they can just talk their way out of it or cooperate to make the charges go away. That is rarely the case. Without solid legal advice, you risk making statements that come back to haunt you or otherwise hurting your chances of beating the charges.

So don’t delay in retaining skilled counsel who knows these types of cases. The sooner you have an attorney reviewing the charges and evidence and building a defense for trial or negotiating a plea bargain, the better. Time is of the essence, so contact an attorney today!