Defense Attorney for New Jersey Internet Crimes

new jersey internet crimes lawyer

If you have been arrested or charged with a computer crime in New Jersey, give my office a call for a consultation on your case. Cyber crime law in New Jersey is, not surprising, highly technical. Such crimes are not frequently discovered by the victim. Prosecutions for these types of charges are relatively uncommon.

With the emergence and proliferation of social media virtually every business and organization turning to digital and web-based logistics and data collection solutions. These prosecutions are likely to increase. I have defended these charges in the past. Not only does the state have a difficult burden to meet in many cases, there are unique affirmative defenses available.

New Jersey Computer Crime Statute

A person is guilty of computer criminal activity if the person purposely or knowingly and without authorization, or in excess of authorization:

a. Accesses any data, data base, computer storage medium, computer program, computer software, computer equipment, computer, computer system or computer network.

b. Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network. This also applies if one denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services.

c. Accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network. This applies when the purpose of executing a scheme to defraud. Or to obtain services or property. It also applies if the purpose is to obtain personal identifying information, or money, from the owner of a computer or any third party.

e. Obtains, takes, copies or uses any data, data base, computer program, computer software, personal identifying information, or other information. This information must be stored in a computer, computer network, computer system, computer equipment or computer storage medium.

f. Accesses and recklessly alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network.

Gradation

g. Violations of subsection a. of this section is a crime of the third degree. A violation of subsection b. is a crime of the second degree. A violation of subsection c. is a crime of the third degree. Except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $ 5,000. Violations of subsection e. is a crime of the third degree. Except that it is a crime of the second degree if the data, data base, computer program, computer software involves the following.

  1. is or contains personal identifying information, medical diagnoses, treatments. Or if it contains other medical information concerning an identifiable person.
  2. is or contains governmental records or other information that is protected from disclosure. This can be by law, court order or rule of court.
  3. has a value exceeding $ 5,000.

A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $ 5,000.

First-Degree Offense

A violation of any subsection of this section is a crime of the first degree if the offense results in:

  1. a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. The term ‘substantial interruption or impairment” shall mean such interruption or impairment under the following circumstances.
    (a) affects 10 or more structures or habitations.
    (b) lasts for two or more hours.
    (c) creates a risk of death or significant bodily injury to any person.
  2. damages or loss in excess of $ 250,000.
  3. significant bodily injury to any person.

Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term. This consists of one-third to one-half of the sentence imposed. During that time the defendant shall not be eligible for parole.

Presumption of Imprisonment

h. Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed. During that term the defendant is not eligible for parole.

The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority. The defendant shall be strictly liable under this subsection. It shall not be a defense that the defendant did not know or intend that the victim was a government agency. It is also not a defense that the defendant intended that there be other victims of the crime.

A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section. A conviction for a violation of any subsection of this section shall not merge with a conviction for a violation of any aspect of this law. It also does not merge with a conviction for conspiring or attempting to violate any subsection of this section. A separate sentence shall be imposed for each such conviction.

A violation of this law committed against a person under 18 years of age can make things worse. In those cases, the violation shall constitute an aggravating circumstance. This can considered by the court when determining the appropriate sentence to be imposed.

New Jersey Computer Crimes Attorney on Your Side

If you have been charged with internet crimes please call today to speak with Anthony J. Vecchio, a New Jersey criminal lawyer experienced in defending New Jersey cyber crime charges.