New York Criminal Lawyer Blog

Like identity theft crimes, cybercrimes and computer related offenses are becoming more prevalent in New York. In fact, the Manhattan District Attorney's Office has a unit, the Cybercrime and Identity Theft Bureau, whose main focus is to prosecute this criminal activity. One particular crime, among many, that may be established with relative ease by prosecutors is the crime of Computer Trespass pursuant to New York Penal Law section 156.10. Computer Trespass is defined as follows:

A person is guilty of Computer Trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:

1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or

2. he or she thereby knowingly gains access to computer material.

Computer trespass is a class E felony punishable by up to four years in state prison.

Although the crime of Computer Trespass, like all computer related offenses, has specific and special definitions to elements found in the statute, one of the most important terms in this statute is "without authorization" as it is a defense to this crime if a person had reasonable grounds to believe that he or she in fact had authorization to use the computer. See New York Penal Law 156.50(1).

Pursuant to New York Penal Law 156.00(8):

“'Without authorization' means to use or to access a computer, computer service or computer network without the permission of the owner or lessor or someone licensed or privileged by the owner or lessor where such person knew that his or her use or access was without permission or after actual notice to such person that such use or access was without permission. It shall also mean the access of a computer service by a person without permission where such person knew that such access was without permission or after actual notice to such person, that such access was without permission."

"Proof that such person used or accessed a computer, computer service or computer network through the knowing use of a set of instructions, code or computer program that bypasses, defrauds or otherwise circumvents a security measure installed or used with the user's authorization on the computer, computer service or computer network shall be presumptive evidence that such person used or accessed such computer, computer service or computer network without authorization."

Computer Trespass, like other cybercrimes, is an offense with serious ramifications. The above statute(s) do not encompass all the nuances and underlying definitions for this crime. Moreover, because cybercrimes and computer crimes are constantly reinventing themselves, a review of applicable case law may be relevant when assessing the viability of the charges against you as well as the potential defenses.

Crotty Saland LLP is a New York criminal defense firm. Founded by two former prosecutors who served in the Trial Division, Identity Theft Unit and Special Prosecutions Bureau of the Manhattan District Attorney's Office, Crotty Saland LLP represents clients in white collar and fraud related crimes throughout the New York City region.

For further information on New York Identity Theft and related crimes follow the highlighted link.

For Further information on Computer Trespass and New York computer crimes follow the highlighted link.

According to a Manhattan District Attorney's Office press release, the New York County District Attorney has announced the formation of another "new" bureau. District Attorney Vance's Cybercrime and Identity Theft Bureau technically ratchets up the current Identity Theft Unit to formally add the investigation and prosecution of cybercrime. In reality, many of the prosecutors assigned to the Major Case Section of the Identity Theft Unit had already been investigating and prosecuting these crimes. However, District Attorney Vance is taking the necessary steps to expand the unit into a bureau. Additionally, District Attorney Vance is increasing the number of prosecutors who will "specialize" in this area while further training them in this dynamic area of criminality and law.

From the perspective of law enforcement, a bureau such as this is a much needed arm of the District Attorney's Office. The original unit, founded by two outstanding attorneys and prosecutors no longer with the office, was on the forefront of cybercrime and identity theft investigations when it was created in 2004. Having been one of the original prosecutors assigned to the Identity Theft Unit and the Major Case Section upon their respective creations, I not only learned from these two prosecutors and obtained training in forensics and the investigation of computer crimes, but witnessed firsthand the ease by which these crimes were perpetrated and the creativity of those who sought to benefit from this criminality. The transition of this unit into the new bureau not only displays District Attorney Vance's recognition of the magnitude of these types of crimes, but is a testament to the dedication, work and efforts of the two founders of the unit as well as those currently working there, to bring the Manhattan District Attorney's Office into the new era of identity theft and cybercrime investigations.

As a criminal defense attorney in New York with extensive experience in these types of crimes, I recognize I will have an adversarial role with the bureau representing my clients and zealously advocating for them regardless of the fraud they stand accused of. Despite this adversarial relationship, from the perspective of an everyday New Yorker, I also acknowledge that District Attorney Vance is doing a service to Manhattan and beyond by taking the old unit into the next generation of cybercrime and identity theft investigations.

For more information on Identity Theft and Computer crimes please follow the respective links.

Crotty Saland LLP is a New York criminal defense firm representing clients throughout the New York City region. Crotty Saland LLP was founded by two former Manhattan prosecutors.

Computer crimes have become more rampant as computers have become a part of every day life from lap tops and ipods to pdas and even cell phones. As a result, it is no longer atypical to find individuals charged with computer crimes such as Unauthorized Use of a Computer, Computer Trespass, Computer Tampering, and Unlawful Duplication of Computer Related Material. Both Jeremy Saland and Elizabeth Crotty, founding members of Crotty Saland, LLP,served as prosecutors under Robert Morgenthau in the Manhattan District Attorney's Office and received hands on training to deal with these and other crimes. Whether it was representing clients in computer related matters as their criminal defense attorney, prosecuting targets for these crimes or taking classes in computer offense, Crotty Saland, LLP, has the skills and real experience to assess your case and mount the best possible defense.

In conjunction with examining the strength and weaknesses of the case, one of the first places to start an analysis of a computer crimes case is to go directly to the Penal Law. Section 156.60 lays out some specific defenses as follows:

1) In a prosecution for either Unauthorized Use of a Computer or Computer Trespass, it shall be a defense that the defendant had reasonable grounds to believe that he had authorization to use the computer.

2) In a prosecution for Computer Tampering i shall be a defense that the defendant had reasonable grounds to believe he had the right to alter in any manner or destroy the computer data or the computer program.

3) Finally, in a prosecution for Unlawful Duplication of Computer Related Material it shall be a defense that the defendant had reasonable grounds to believe that he had the right to copy, reproduce or duplicate in any manner the computer data or the computer program.

Assuming any of the above defenses are applicable there are many questions still to be answered. For example, what constitutes "reasonable grounds" in your case or is there written or recorded proof of your authorization? Whatever the facts may be, it is in your best interest to retain skilled and experienced criminal defense attorneys to challenge the prosecution to their burden of proof and to maintain your integrity, freedom and livelihood.