Internet / Cyber Crime
Investigations and prosecution of high-tech crimes in New York, including internet and cyber crimes, have been on the rise in the past few years as the use of the internet and electronic communications have become more prevalent. These crimes can be prosecuted both federally and by the state because the use of these electronic means often crosses state lines.
The penalties for cyber crime convictions can be severe, and include lengthy prison sentences and steep fines. It can be easy for individuals who are innocent to get caught up in computer crime task force investigations and become the targets of criminal charges.
Internet and cyber crimes in New York can include a wide variety of criminal offenses, including:
Queens, NY Cyber Crime Defense Attorney
Contact the Law Office of Rochelle S. Berliner if you have been charged with an internet or cyber crime in Queens or New York City. Rochelle S. Berliner is dedicated to fighting the charges against you, and will make every effort to help you avoid the most serious repercussions and consequences. Call 718-261-5600 for a consultation about your alleged internet or cyber crime.
New York's Penal Law describes various internet offenses and cyber crimes, and the potential punishments for committing these offenses
This offense occurs when someone knowingly uses, causes to be used or accesses a computer, computer network or computer service without proper authorization. This offense is punishable as a Class A misdemeanor.
A person can be charged with this offense if they commit unauthorized use of computer, and:
Computer trespass is punishable as a class E felony.
This offense can occur in the first, second, third or fourth degree. Computer tampering in the fourth degree occurs when a person commits unauthorized use of a computer and intentionally alters or destroys computer data or someone else's computer program. This offense is punishable as a Class A misdemeanor.
Computer tampering in the third degree is punishable as a Class E felony.
Computer tampering in the second degree is punishable as a Class D felony.
This offense is also known as Aggravated Harassment in the Second Degree, and occurs when a person communicates, anonymously or otherwise, with another person by transmitting or delivering any form of written communication or causes a communication to be initiated by electronic means with the intent to harass, annoy, threaten or alarm that person. This offense is punishable as a Class A misdemeanor.
According to the New York Penal Law, in Articles 70 and 80, the penalties a convicted cyber crime offender can receive can include both prison sentences and/or fines. However, the length of imprisonment and/or fines may vary depending on the severity of the offense, the type of victim, whether the offender was a persistent felony offender, violent felony offender, or persistent violent felony offender, and the number of prior convictions the offender has. The following lists the maximum punishments for internet and cyber crimes in New York:
Internet sex stings are notorious though television shows like “To Catch a Predator,” where the show identifies and then detains people who allegedly contact minors on the internet who are below the age of consent to engage in sexual acts. Most people charged with engaging in illegal sexual acts online are not child predators. They are adults going to adult sites, and are tricked into talking to a minor or a law enforcement officer posing as a minor, believing the minor was actually an adult.
The New York offenses a person engaging in online sex can be charged with include:
Although New York has not enacted specific laws prohibiting internet gambling, the federal government enacted a new law, known as the Unlawful Internet Gambling Enforcement Act and codified as 31 U.S.C. §§ 5301, 5361-5367, which prohibits gaming businesses from knowingly accepting payments in connection with unlawful internet gambling.
Although the Act does not specifically prohibit internet gambling, the federal government has stated internet gambling is illegal through the Wire Act, which governs white collar criminal offenses, such as wire fraud. This federal act penalizes businesses who participate in online gambling in the United States, including Bodog, PokerStars, Full Tilt Poker, PartyGaming and PartyPoker. The Act also imposes criminal punishments on consumers who engage in internet gambling.
There are possible statutory defenses to certain cyber crimes such as unauthorized use of a computer, computer trespass or computer tampering.
One such defense to cyber crime is that the person who allegedly committed the crime had reasonable grounds to believe they were entitled to use the computer. Another defense is if the alleged offender had reasonable grounds to believe they had the right to alter or destroy computer data or a computer program.
Some offenders charged with cyber crimes that have intent as a required element to the crime may be able to use lack of intent as a defense. If the alleged offender did not have the statutorily required intent when they committed the offense, their charges could be dismissed or reduced to a less serious violation.
Department of Defense Cyber Crime Center – The Department of Defense Cyber Crime Center (DC3) is a leading governmental department in computer technology knowledge and techniques through continued research, evaluations, development and testing. The DC3 also aids the Department of Defense in counterintelligence activities and Defense Criminal Investigative Organizations in criminal investigations.
Secret Service New York Electronic Crimes Task Force (NYECTF) – The United States Secret Service Electronic Crimes Task Forces and Working Groups website provides information on federal, state and local law enforcement efforts, including the NYECTF. The NYCTEF is an alliance between the U.S. Secret Service, private industry and academic personnel working together to protect against criminal cyber and internet threats.
FBI Cyber Crime Investigations - The Federal Bureau of Investigation (FBI) website has information about federal cyber or internet crime investigations, including online scams, identity theft, and computer system hacking.
Law Office of Rochelle S. Berliner | Queens Cyber Crime Attorney
If you are facing criminal charges for an alleged internet or cyber crime in New York City, you will want to seek legal counsel as soon as possible. Law Office of Rochelle S. Berliner represents clients in such areas as Queens, Brooklyn, the Bronx, and Manhattan.
Queens criminal defense lawyer Rochelle S. Berliner is knowledgeable in all areas of New York's cyber crime laws, and is dedicated to helping you find the best possible outcome for your particular situation. Call 718-261-5600 or complete an online form today for a consultation about your alleged cyber crime or internet offense.
Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.
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