New Jersey’s Law on Computer Crime Penalties

New Jersey has a specific law dealing with penalties for computer-related crimes, found in Section 2C:43-3.8 of the New Jersey Code of Criminal Justice. This law was enacted in 2009 and amended in 2017 to increase penalties and establish the Computer Crime Prevention Fund.

Background of the Law

The computer crime penalties law was enacted in 2009 through P.L. 2009, c.143. The bill’s statement said computer crime was a growing problem and fines would provide funding for enforcement and education.

In 2017, the law was amended through P.L. 2017, c.141 mainly to add the new offense of online impersonation. The statement said online impersonation was an emerging issue needing deterrence.

Analysis of Key Provisions

Mandatory Fines Based on Degree of Crime

The core of 2C:43-3.8(a) is setting mandatory fines based on the degree of the computer crime offense:

• 1st degree: $2000
• 2nd degree: $1000
• 3rd degree: $750
• 4th degree: $500
• Disorderly persons: $250

These apply to convictions under the specified computer crime statutes in 2C:43-3.8(a). The fines are mandatory add-ons to any other penalties.

Computer Crime Prevention Fund

2C:43-3.8(b)-(d) establishes the Computer Crime Prevention Fund in the state Treasury. All fines collected under this law go into this fund.

The Legislature allocates money from the fund each year to the Attorney General for:

• Investigating and prosecuting computer crimes
• Education programs on high-tech crimes
• Maintaining a 24-hour toll-free hotline

So the fines provide dedicated funding for enforcing computer crime laws.

Applicable Offenses

The specified offenses subject to penalties in 2C:43-3.8(a) are:

• 2C:24-4(b)(3)-(5): Computer criminal activity
• 2C:34-3: Child pornography
• 2C:24-4.1: Online impersonation
• Any computer crime in Chapter 20

This covers the main computer crime offenses in the New Jersey code. The 2017 amendment added online impersonation, recognizing this emerging issue.

Impact and Analysis

New Jersey’s computer crime penalties law serves dual purposes:

• Deter computer crimes through mandatory fines on top of other penalties
• Fund enforcement and education regarding computer crimes

The increasing fines based on degree provide significant extra punishment for more serious computer offenses.

However, some argue mandatory fines are inflexible and take discretion from judges. Those unable to pay may face further penalties. Perhaps judges could be granted more discretion to waive fines if clearly excessive under the circumstances.

Overall, the law recognizes computer crime as a priority issue needing specialized funding and penalties. Dedicated fines allow enforcement to keep pace with technological change. But care should be taken fines are reasonably tailored and don’t unduly punish those unable to pay.